Vol. 483 No. 6
51 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the offences, if any, for which he intends to introduce mandatory sentences, other than those already legislated for and those currently under discussion in the Houses of the Oireachtas; and if he will make a statement on the matter. [21241/97]
The Deputy will be aware that the traditional approach of the Oireachtas in relation to sentencing matters has been to establish maximum penalties which apply to particular offences leaving it for a court to decide in the light of all the circumstances of a particular case to impose the penalty which it believes appropriate, subject to the maximum penalty set down in legislation.
There are, however, exceptions to this. Legislation currently lays down mandatory custodial sentences in respect of the crimes of murder and treason where there is a mandatory penalty of life imprisonment. In the case of treason and murders that previously would have been capital murders, section 4 of the Criminal Justice Act, 1990 obliges a court in passing sentence to specify imprisonment for a period of 40 years as the minimum period to be served. A minimum of 20 years is set down for attempted murders to which that section applies.
Since becoming Minister for Justice, Equality and Law Reform I have made it known that I favour the introduction of a mandatory minimum sentence in particular drugs cases. I believe that the unique circumstances surrounding the drugs menace warrant this approach. In this regard, the Criminal Justice Bill, 1997, which I published recently, proposes that minimum ten year sentences will apply in the case of serious drug trafficking offences.
I have no plans at present to introduce mandatory sentences for other crimes.
