July 19th, 2021
The High Court recently declared that the mandatory minimum sentence for serious drug offences is unconstitutional. The Misuse of Drugs Act stated that a person had to receive at least a 10 year term of imprisonment if they had been previously convicted of having drugs worth more than €13,000.00 in their possession. The High Court determined that this minimum sentencing requirement is unconstitutional. The Court was very much influenced by a previous decision of the Supreme Court relating to the Firearms Act. However, the Court stated that this declaration of unconstitutionality would not affect other prisoners, therefore, the law would only apply to persons convicted in the future.