'Vast majority' of large quantity drug possession sentences avoid 10-year minimum jail term

The Criminal Justice Act 1999 lays down a 10-year minimum sentence for possession of drugs worth more than €13,000, and also for the importation of drugs over that amount.

The vast majority of people caught with large quantities of drugs are not given the minimum sentence of 10 years, an official report shows.

The Department of Justice review found just 6% of those behind bars for drug supply offences are serving sentences of more than 10 years.

The Criminal Justice Act 1999 lays down a 10-year minimum sentence for possession of drugs worth more than €13,000, and also for the importation of drugs over that amount.

The review also found the figure for different firearms offences subject to minimum sentences varies significantly — from as low as 1% to as high as 16%.

The review said that these minimum sentences are “presumptive”, in that the courts must give these jail terms, except in cases where the judge believes there are “exceptional and specific circumstances”.

The report said that the “punitive” nature of the minimum sentences is “understood” in Ireland, and that judges continue to use their discretion to impose the “appropriate sentences”.

As well as the 1999 Act, the review also examined the implementation of the Criminal Justice Act 2006 — which provides for minimum sentences of five years or 10 years across six different firearms offences.

A number of presumptive minimum sentences are also set out in law for a number of repeat offences, including murder, aggravated burglary, and sex offences.

It said that, by examining data provided by the Irish Prison Service and the Courts Service, the review found that the “vast majority” of sentences handed down were lower than the minimums. It found:

• Of the 1,521 active sentences for possession of drugs over €13,000, 94% were less than 10 years — including 22% of up to three years; 50% of between three and six years; 9% of between six and eight years; 6% of between eight and 10 years; and 6% above 10 years;
• Of the 288 active sentences of possession of a firearm with intent to endanger life (presumptive minimum of 10 years), 16% were 10 years and above. 53% were between two and six years;
• Of the 53 active sentences for using firearms to resist arrest or aid escape (10-year minimum), 4% were above 10 years, 45% were five to six years, and 23% were seven to eight years;
• Of the 565 sentences for possession of firearms or ammunition in suspicious circumstances (five years minimum), just 1% were above five years. 65% were between two and six years;
• And of the 377 active sentences for carrying a firearm with criminal intent (five years minimum), 2% were above the five years. 83% were between three and five years.

In relation to the drug possession offence, the report said the majority of sentences are “considerably lower” than the minimum.

However, it added that a number of the sentences “far exceed” the minimum.

The data provides evidence to the extent to which the judiciary “utilises judicial discretion to hand down appropriate sentences”.

The review said the Law Reform Commission, in a 2013 report, recommended the repeal of all minimum sentences.

The commission’s report said that most of the drug offenders were “drug mules”, whose criminal activity would have been incited through “exploitation”. It found people can be coerced into hiding firearms and ammunition for someone.

The review said: “It is clear ... that the punitive nature of minimum sentences is understood, and judges continue to use their discretion where possible.”

It said there was “no clear benefit” in retaining the provisions, and that it was considered “highly unlikely” their repeal would have any major impact. Despite its analysis, the report said there were gaps in the data and it does not recommend the repeal of enactments providing for presumptive minimum sentences.