Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 774: To ask the Minister for Justice, Equality and Law Reform the number of drug offences which came before the Courts in 2006 and 2007; the number of cases in which the mandatory minimum sentence could have been imposed; the number of cases in which it was imposed; and if he will make a statement on the matter. [29600/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I assume the information sought by the Deputy refers to cases before the Courts under section 15 of the Misuse of Drugs Act 1977.

According to figures made available to me from the Courts Service, returns for the Circuit Court for 2007 and 2006 show the following in relation to Section 15 of the Misuse of Drugs Act.

In 2006 there were 83 convictions and in 9 cases a sentence of 10 years or more was imposed and in 2007 there were 99 convictions and in 22 cases a sentence of 10 years or more was imposed.

Section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999 and 2006), provides for mandatory minimum sentence of not less than 10 years imprisonment for individuals convicted of a first offence under section 15A (possession of drugs with a value of at least €13,000 for sale or supply) or 15B (importation of drugs with a value of at least €13,000) of that Act.

The mandatory minimum sentence, or to give it its more correct name, presumptive minimum sentence, is to be imposed in all cases save for those with very specific and exceptional mitigating factors.

Where an individual is convicted of a second or subsequent office under sections 15A and/or 15B a court has no discretion and must always impose a sentence of not less than the mandatory minimum sentence of 10 years. The maximum sentence available for section 15A and 15B offences is life imprisonment.

Having regard to concern about the degree to which the presumptive minimum sentence was being imposed, notwithstanding the amendments introduced by the Criminal Justice Act 2006, section 33 of the Criminal Justice Act 2007 further amended section 27 of the 1977 Act in order to insert an interpretation clause.

The provision emphasises that a decision to depart from the presumptive minimum sentence must be based on the presence of individual and extraordinary reasons as to why the interest of justice would not be served by imposition of a sentence of not less than 10 years.

Referring to the damaging effects of drug related crime on Irish society the provision states that a court must, as a general principle, always impose the mandatory minimum sentence on persons convicted of an offence under sections 15A and 15B.

It is too early at this stage to come to any conclusions as to the impact of the provisions contained in the Criminal Justice Acts 2006 and 2007 which deal with this matter.