MANDATORY SENTENCES TO BE BASED ON DRUGS VALUE

By Jim Cusack, Security Correspondent

The imposition of mandatory 10 year prison sentences for possession of
drugs with a notional value of [pounds]10,000 will depend on Garda "opinion
evidence" on the estimated value of the drugs, the Minister for Justice has
said. The mandatory 10year 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 [pounds]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 10year
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
drugtrafficking 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 drugtrafficking.

"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."