Home > Dáil Éireann debate. Question 16 – Drug dealing [8222/24].

[Oireachtas] Dáil Éireann debate. Question 16 – Drug dealing [8222/24]. (22 Feb 2024)

External website: https://www.oireachtas.ie/en/debates/question/2024...


16. Deputy Aodhán Ó Ríordáin asked the Minister for Justice to provide a breakdown by age of people who have been given a ten-year mandatory sentence for drugs issues over the past decade. [8222/24]

Minister of State at the Department of Justice: As the Deputy will appreciate, sentencing in any court case is solely a matter for the presiding judge. The Misuse of Drugs Act currently provides for a presumptive minimum sentence of 10 years for the offences of possession of drugs for supply and/or importation of controlled drugs in excess of €13,000 value.

When deciding on the imposition of sentencing to lessen the presumptive minimum, the courts may consider mitigating factors such as if the defendant entered a guilty plea, at what stage a guilty plea was mentioned. and the circumstances in which the indication was given. Whether a person materially assisted in the investigation of the offence can also be taken into account.

I am informed by the Courts Service that in the period from 2014 to the end of 2023, a total of 40 people were given a ten-year mandatory sentence for drugs issues. It should, however, be noted that this does not take account of those who may have been successful in appealing the sentence.

I sought the specific information requested by the Deputy from the Courts Service but unfortunately the Courts Service system is unable to provide a breakdown of convictions by reference to the age of those convicted. It is important to note that these presumptive sentences do not apply to anyone under 18 years of age.

As the Deputy will be aware, the Criminal Justice (Engagement of Children in Criminal Activity) Bill, which is currently in the Seanad, would make it a criminal offence to engage a child in any type of criminal activity.

Finally, a review of the operation of minimum sentences has been conducted and Minister McEntee intends to lay it before the Houses of the Oireachtas shortly.

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