The imposition of mandatory 10year prison sentences for possession of drugs with a notional value of £10,000 will depend on Garda "opinion evidence" on the estimated value of the drugs, the Minister for Justice has said. The mandatory 10-year sentence would be applied to anyone who had pleaded not guilty to possession of an amount of drugs said by gardai to have a "market value" of £10,000, and who was convicted in court.
A defendant who pleaded guilty and who had "materially assisted the investigation of the offence" could be shown some undetermined leniency. A person who could show he or she was an addict could have the 10-year sentence reviewed after five years but there was no specific commitment that a sentence would be commuted.
The new Bill, to amend the 1977 Misuse of Drugs Act, was introduced by Mr O'Donoghue at a press conference yesterday. One of the main amendments is a provision removing the Minister's power under the old legislation to commute or remit a punishment. Under the proposed legislation, the Minister could not commute a sentence.
The proposed legislation, the Criminal Justice Bill 1997, abolishes the system of preliminary examinations to expedite court cases. It also provides for the automatic inquiry into the assets of people convicted of a drug-trafficking offence with a view to confiscation.
Mr O'Donoghue also promised to provide an additional 1,070 prison places by the end of this Dail. This will mark an increase in the prison population in less than a decade of about 50 per cent.
There were indications already this year that the strong line being taken by the State against crime was paying off and that reported crime figures were falling, Mr O'Donoghue said. The drugs problem in this State was such that "those involved in this pernicious trade should suffer sufficiently".
The Government and judiciary "are there to serve the people of this country. I am of the view that the Irish people do want us to impose minimum sentences. I am putting my money where my mouth is and my cards face up on the table and putting this legislation before the Oireachtas".
He added: "The fact that this major criminal law reform measure is being introduced so early in the lifetime of this Government is clear practical evidence of the Government's policy of zero tolerance towards crime - particularly but not exclusively drug-trafficking.
"The Bill contains a series of very strong measures which are, regrettably, all too necessary as a response to those who inflict such harm on our community."