McDowell to take on judiciary over jail terms

THE Government is preparing to toughen the law so that judges are compelled to impose mandatory minimum sentences more often in serious drug cases.

Persons found guilty of possessing drugs for sale or supply valued at more than €13,000 are supposed to be jailed for a minimum of 10 years. Currently, however, 80% of those convicted of such offences are escaping mandatory minimum terms.

This is because a discretionary provision in the law allows judges to issue more lenient sentences in cases where they believe “exceptional and specific circumstances” are involved. These circumstances include whether the person pleaded guilty to the offence and whether he or she assisted in the garda investigation.