Dáil Éireann debate -
Tuesday, 4 Mar 2003

Vol. 562 No. 4

Written Answers - Sentencing Policy.

Joe Costello

Question:

396 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has conducted research into the discrepancy in sentencing by the courts; and if he will make a statement on correspondence (details supplied). [6313/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. Under our legal system, the law provides generally for maximum penalties for criminal offences. It also enables judges to exercise their discretion, within the maximum penalties, by reference to the conclusions they have reached after hearing the evidence and assessing the culpability and circumstances of the accused. The complex question of sentencing policy was addressed at length by the Law Reform Commission, which specifically recommended against the introduction of statutory sentencing guidelines. The report pointed out a number of differences of opinion among members of the commission in relation to some of the recommendations in that report which tends to underline the obvious complexities which arise in relation to sentencing policy.

Penalties under the Misuse of Drugs Act 1977 range from the imposition of monetary fines to life imprisonment, depending on the offence and the circumstances of the case. Possession of a controlled drug without due authorisation is an offence under section 3 of the 1977 Act. Penalties for unlawful possession of drugs for the purpose of sale or supply range from imprisonment for up to a year and-or a fine on summary conviction, to imprisonment for life and-or an unlimited fine on conviction on indictment. I am satisfied that the existing penalties are adequate and appropriate to deal with drug possession. Although there are no plans for legislative change, the operation of the law will continue to be kept under review by my Department. Finally, in accordance with the provisions of the Courts and Court Officers Act 1995, funds have been made available to the Judicial Studies Institute, which was established by the Chief Justice for the purposes of judicial training. It is understood that the issue of sentencing has been examined by the institute in the context of its training programme.