Ireland imposes longest jail terms for drugs offences

IRELAND imposes the longest prison sentences for drugs offences in Europe, according to the EU drugs agency.

The finding by the European Centre for Drugs and Drug Addiction (EMCDDA) seems to contradict long-running claims from some quarters that Irish judges are soft on drug dealers.

In a special report on sentencing, the body said that, based on information available, Ireland had the longest average prison sentence, at 34 months.

However, no country across Europe has actually imposed the highest sentence mandated.

The data for Ireland is for all drugs offences – possession as well as supply.

“Ireland, compared to the other European countries, is at the top of the average sentence. Where prison comes in, the average is close to 35 months,” said Roland Simon, expert with the EMCDDA.

The figures are based on Irish Prison Service data, which shows that a total of 530 people were committed to prison in 2007 for drug offences.

Half of these (267) received sentences of less than one year, while 78 got five-to-10 years and 22 more than 10 years.

The EMCDDA said there were reports that just over half of those convicted in Romania for drug offences received a sentence of 5 to 10 years, but the agency did not have official figures to confirm that.

Bulgaria had an average sentence of 43 months, but with 18 months suspended. The Netherlands had an average sentence of 11 months.

Countries that break down their data for supply (excluding possession) still have an average sentence lower than Ireland. The highest is the UK, with an average of 32 months. The average in France is 15 months.

Mr Roland said it was not clear why sentences were highest in Ireland. The report does mention that Ireland is one of a number of EU countries with mandatory minimum sentences for trafficking.

While the majority of drug trafficking cases do not attract the 10 years’ minimum, many are getting substantial sentences, thereby increasing the average sentence.

The EMCDDA said Ireland was one of a number of countries that did not provide a breakdown between possession and supply, although it is not clear why this should be so.

Mr Simon said that if Ireland was similar to most other EU countries, less than 5% of prison sentences would be for possession.

Data from the Courts Service show that of the 9,870 drug cases (possession and supply) disposed at district court level in 2007, 11% received a prison sentence.

Of the rest, 26% received a fine, 23% were struck out or dismissed, 19% received some community service or probation and 18% were taken into consideration when sentencing for other offences.

Of the 376 cases dealt with at circuit criminal court level in 2007, 97% received prison sentences, although 30% of the total were suspended. Some 9% (36) received ten years or more.

The report said Ireland was one of the few EU countries that used community service for drug offences. It said six countries, including Ireland, gave information about treatment, as opposed to custody, orders.

It said the Drug Treatment Court in Ireland had 323 people referred to it since 2001. It said almost half were deemed ineligible. Of the remainder, 22 had successfully graduated.

The EMCDDA report said the low average sentences for supplying drugs across the EU “raises questions about the extent to which law enforcement practice is in step with policy objectives”.