Only 4% of offenders convicted of large-scale drug dealing get the mandatory minimum sentence of 10 years. Many get suspended sentences.According to figures released by the Courts Service, under a freedom of information request, judges are ignoring mandatory sentencing legislation introduced in 1999 to combat an upsurge in organised crime.
Section 15(a) of The Criminal Justice Act, 1999, introduced the offence of possession of drugs, for sale or supply, with a value of more than €13,000. The law set a minimum sentence of 10 years’ jail, although judges could impose lesser sentences in cases involving “exceptional and specific circumstances”.
The law targeted organised crime with heavier sentences for those involved in the higher levels of the criminal drugs trade. There were 401 of these sentences in 2012 and 2013 (the latest period for which data is available). 384 were judged to involve “exceptional and specific circumstances”, resulting in jail terms of less than 10 years.
Source: Conor Gallagher, Irish Examiner, 29/07/15