Gardaí demand minimum sentence for drug-dealers

ANYONE convicted of selling drugs should be jailed for at least six months, gardaí said yesterday.

Under current laws, there is a 10-year sentence for anyone convicted of having drugs valued at over €12,700. But gardaí say there should be a minimum jail term of six months, regardless of the amount of drugs involved.

The Association of Garda Sergeants and Inspectors (AGSI) conference in Galway heard that many dealers convicted of selling drugs worth less than 12,700 were not getting jail terms.

“The sentencing practices of some district courts is not working. The courts are not enforcing the legislation,” said Jim Phelan from the Laois/Offaly division.

He said the Misuse of Drugs Act 1977 directed that convicted dealers must be imprisoned or fined. “Many judges are taking a very sympathetic approach to drug dealers and the Probation of Offenders Act 1907 is also being used too often.”

He pointed out that when other judges do impose prison sentences, the number of dealers in their areas decreased as a result.

This view was supported by AGSI president Joe Dirwan, who said it was a statistical fact that where sentences were suspended or adjourned, local areas were “awash with drugs“.

Mr Phelan said the situation was creating frustration among gardaí, who were seeing dealers walk out of the courts. In a brief survey of cases involving the supply of drugs, most were remanded, granted probation, given suspended sentences or fines, he said.

“This sends a clear message to pushers that there is no punishment.”

Earlier, Justice Minister Michael McDowell said he was not in favour of bringing in minimum sentences of such a short period.

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