Drug Offences and Trafficking Legislation

Drug Offences Legislation

• The Misuse of Drugs Act 1977-2015 and the Criminal Justice (Drug Trafficking) Act 1996 are two key legislations addressing drug offences.
• Other relevant legislation includes the Criminal Justice Act 2006-2007, Misuse of Drugs Regulations 1 988, and Criminal Justice (Psychoactive Substances) Act 2010.

Government Bodies Combating Drug Trafficking

• The Garda National Drugs and Organised Crime Bureau (GNDOCB) was established in 2015.
• GNDOCB targets drug dealing at national, international, and local levels.
• GNDOCB aims to disrupt, dismantle and prosecute individuals involved in top-tier organised crime, including murder, drug and firearms trafficking, armed robberies, and money laundering.
• The Criminal Assets Bureau (CAB) was set up in 1996 following the murders of journalist Veronica Guerin and Garda Jerry McCabe.
• CAB includes members from Gardaí, Revenue officials, Department of Social Protection officials, and customs officials, with Gardaí in plain clothes and unknown identity.
• CAB plays a key role in tackling serious and organised criminal activity, specifically to seize assets acquired through criminal conduct such as drug trafficking, theft, burglary, fraud and money laundering.
• CAB can tax all income sources and raise tax assessments for individuals with lifestyles inconsistent with their declared income.
• CAB investigates, determines, and recovers any falsely claimed Social Welfare payments.
• The Gardaí Youth Diversion Programme aims to prevent young offenders and children involved in anti-social behaviour from entering the adult criminal justice system by proactively preventing drug use.
• Dial to Stop Drug Dealing: An initiative that tackles drug dealing in local Irish communities.
• It provides a confidential and anonymous way for individuals to report drug dealing without revealing their identity.

Customs and Excise in Combating Drug Trafficking

• Customs and Excise officers can search, arrest, detain, prosecute, and charge individuals suspected of carrying drugs, in conjunction with gardaí.
• They can detain individuals carrying €10000 or more in cash and seize cash being imported or exported with revenue.
• The Customs Drug Watch provides a confidential phone line and email address for the public to report suspicious drug activity on the coast and in ports.
• Customs personnel work with the navy using maritime cutters to patrol Ireland's waters.

Illegal Drugs Sold in Ireland

• Cocaine, heroin, ketamine, and LSD are examples of illegal drugs sold in Ireland.

Drug Offences and Penalties

• Possession for Personal Use (Section 3 of the Misuse of Drugs Act 1977): Possessing a controlled drug is an offence. Cannabis has specific penalties.
• Cannabis:
• Summary Offence: First and second offences can incur fines up to €1000. A third offence can incur a fine up to €2500 and/or up to 12 months in jail.
• Indictable Offence: A fine of up to €2500 and/or 3 years in jail.
• Possession of Other Controlled Drugs:
• Summary Offence: A fine of up to €2500 and/or up to 1-year imprisonment.
• Indictable Offence: A fine and/or imprisonment of up to 7 years.
• Sale or Supply (Importing) of Drugs (Section 15 of the Misuse of Drugs Act 1977): Possessing a controlled drug for the purpose of selling or supplying it.
• Summary Offence: A fine up to €2500 and/or 12 months in prison.
• Supplying to School/Prison: A fine of up to €4000.
• Indictable Offence: A fine decided by the court and/or life imprisonment. A minimum of 10 years of imprisonment for drugs valued at €13000 or more.
• Fraudulent Prescription (Section 18 of the Misuse of Drugs Act 1977): Unlawful forgery or alteration of a medical prescription.
• Summary Offence: A fine up to €1000 and/or 6 months in prison.
• Indictable Offence: A fine decided by the court and/or 14 years in prison.
• Use of Property for Drug Offences (Section 19 of the Misuse of Drugs Act 1977): Relates to property like vessels, land, houses, and vehicles.
• Occupiers who permit certain activities (ie. transporting controlled drugs in a car, growing opium, or preparation of a controlled drug) are guilty of this offence.

Additional Information on Drug Offences

• Summary Offence: Penalties can include a fine up to €2500 and/or 12 months in prison.
• Indicatable Offence: Penalties can include an unlimited fine and/or up to 14 years in prison.
• Helping someone commit a drug offence is also an offence.

Penalties Differences: Cannabis vs. Other Drugs

• Penalties for possession of cannabis/resin are less severe than for possession of other controlled drugs.

Cannabis Prescription

• Cannabis in certain forms may be prescribed by a medical GP for conditions such as multiple sclerosis, epilepsy, and treatment with chemotherapy.
• CBD products may be legally sold.

Garda Síochána's Role

• The Garda Síochána carries out policing duties, provides security services, enforces criminal and traffic law, and prepares files for the DPP.
• Powers include:
• Arresting and detaining individuals with reasonable suspicion.
• Charging criminals.
• Approving Garda station bail.
• Managing bench warrants for accused individuals who do not appear in court.
• Serving as witnesses in criminal cases and bringing accused individuals to court.
• Investigating cases and preparing the Book of Evidence for the DPP.

Irish Prison Service

• The Irish Prison Service is responsible for the safe, secure, and humane custody of individuals committed to prison by the Courts.
• Prison officers interact with prisoners daily and influence their engagement in training, education, psychology, and community in-reach services.
• The aim is to rehabilitate prisoners through educational and counselling programs.
• Prison officers are trained in searching and restraint techniques.
• They must relate to and engage with prisoners and act with professionalism, tolerance, and humanity to influence their rehabilitation.
• Tasks include:
• Transportation from court.
• Maintaining safety and security.
• Providing accommodation.
• Supporting access to healthcare, psychology, work training, education, visits from family, friends, and legal representatives.
• Maintaining order, discipline, care, progression, and rehabilitation for safe reintegration into communities.
• Prison officers build appropriate relationships with prisoners and model positive behaviours.

Special Criminal Court

• The Special Criminal Court differs from other courts by sitting with 3 judges and no jury.
• It deals with certain criminal cases such as paramilitary, subversive, and organised crimes.
• A conviction or sentence by the Special Criminal Court can be appealed to the Court of Appeal.

Central Criminal Court

• The Central Criminal Court is the High Court that hears criminal cases.
• It includes a president and 36 ordinary judges, with a judge sitting with a jury of 12.
• It hears cases involving treason, piracy, murder, rape, and aggravated sexual assault.
• A verdict is generally unanimous.

Probation Officer in the Court Process

• The Probation Service aims to reduce crime, increase public safety, support rehabilitation, and make communities safer.
• If someone pleads guilty, a judge may request an assessment report from the Probation Service before sentencing.
• The probation officer makes non-binding recommendations, but the judge decides the course of action.
• Probation reports are requested to assess suitability for non-prison sentences.
• These reports include details on personal and family circumstances, attitude towards the crime, acceptance of responsibility, alcohol and drug problems, commitment to improving behaviour, and risk of reoffending.
• The report may suggest conditions for a non-prison sentence, such as moving away or attending treatment.
• Community service reports assess suitability for unpaid community work instead of prison.
• Recommendations are made if the probation officer believes the offender can be supervised without risk of reoffending.
• Supervision in the offender's community is the main part of the job.
• Judges may grant probation orders, placing offenders under supervision, requiring regular contact and compliance with order conditions. The order can not last more than 3 years.
• Duties include supervising offenders granted community service orders, organizing work placements, and informing the court if an offender does not complete the work.
• Also, they supervise prisoners on post-release or to ensure compliance with release conditions and prevent re-offending.
• They also supervise offenders granted suspended sentences.
• Work with other community services to tackle crime and its underlying causes.
• The Probation Service prepares assessment reports for prisoners, the Parole Board, those remanded in custody, and for courts awaiting trial.

Witness in a Criminal Trial

• A witness has relevant information about a crime.
• Witnesses establish facts by telling the court what they know.
• They must swear an oath or affirmation to tell the truth.
• Witnesses can only discuss what they saw or heard, not hearsay.
• Expert witnesses can offer conclusions based on their expertise, like pathologists, doctors, and Gardaí.

Custodial, Suspended and Community Service Sentences

• A custodial sentence involves imprisonment.
• A suspended sentence means a judge imposes a prison sentence but suspends it with conditions.
• Conditions include the term of imprisonment, the requirements for suspension, and the suspension period. If broken, the offender serves the original term.
• Community service order, is an alternative to a short-term prison sentence.
• A CSO involves work benefiting the community.
• The hours depend on the Court, up to 240 hours, and must be completed within one year.

First-Time Offenders

• Probation Order:
• Usually for first-time offenders unlikely to re-offend, serves as an warning without sentencing.
• Conditions:
• Good behaviour.
• Compensation payments.
• Residing somewhere.
• Supervision.
• Counselling.
• Poor Box:
• An alternative for District Court when dealing with first-time offenders.
• The accused may be asked to donate to an organization.
• Only available if guilty or there are special circumstances.
• Adult Caution:
• Available to offenders who are over 18.
• Administered if gardaí think public interest doesn't need prosecution.
• Cautions are not shown in Garda reports unless reoffending occurs.
• Determination factors include the victim's views, offender's behaviour, the crime's circumstances, proof of guilt, and public interest.

Criminal Legal Terms

• Actus reus means "guilty act" or the physical aspect of a crime involving a wrongful action or failure to act.
• Mens rea means "guilty mind," and relates to the mental aspect of criminal responsibility, as in the intention to commit a crime with premeditation and evade any restrictions or prohibitions.
• In order to be considered a crime, both the actus reus and mens rea must be proven beyond reasonable doubt.

Robbery

• Actus reus:
• Stealing another's property.
• Using force at the time of or immediately before the act.
• Using force or threats to scare someone into giving up the property.
• Mens rea:
• Having the intent to steal, and the intent to to use force in order to steal the property.

Inchoate Crime

• Inchoate crime means an attempt or incomplete crime may arise from the original crime failing.
• Attempted murder when firing an unloaded gun, and conspiracy to commit burglary are examples of inchoate crimes.

Parties to an Offense

• Principal Offender.
• Main conspirator of a crime
• An example of this is someone who breaks into a house and steals property
• Aider/Abettor/Accomplice
• Assist the principal offender but don't carry out the main offense.
• Example: In a bank robbery, this is the person who drives the getaway car
• Accessory Before the Fact
• Assisted in commission of the crime.
• Must know crime is taking place
• Example: giving the building layout plan of a bank to a robber
• Accessory After the Fact
• The person who assists the offender, either sheltering/concealing them or the proceeds of the crime
• Example: Storing stolen items

Defining Crime

• A crime can be defined as actions or inactions that are against criminal law
• Crimes are punishable in court because they are a serious threat to society.

Crimes vs Torts

• Tort: Private dispute between individual/companies
• Crime Public dispute between individual and society
• Tort: Goal is for the harm the individual suffered to be compensated for
• Crime: Goal is to punish the wrongdoer
• Tort: Plaintiff brings the action/complaint
• Crime: The DPP brings the case to court
• Defendant must defend their action

Trespass

• Trespass refers to intentionally entering another person's land without permission.
• This also includes staying even after you have been asked to leave.

Criminal Law: Purpose

• Criminal law serves the purposes of:
• Safeguard citizens from harm.
• Punishing those who commit crimes.
• Maintain an orderly society.
• Protect property and individual rights.

Conspiracy and Attempted Crimes

• Conspiracy- An agreement between two or more people to commit a crime in the future. Accused person may be charged in addition to the action itself.
• Attempted Crime- Incomplete crimes or actions are thwarted; arrested due to unforeseen circumstances.

Cyber Crimes

• Phishing: Criminals use emails that look legitimate to trick people into putting in personal information.
• Smishing: Scammers contact people through messages- will seek personal information.

Euthanasia and Assisted Suicide

• Euthanasia- An intentional "mercy killing" performed by medical professionals in another individual.
• Assisted Suicide- Assistance from another person to commit suicide. Doesn't have to be medical professional.
• Criminal Law (Suicide) Act 1993: Both euthanasia and assisted suicide are illegal. The maximum sentence is 14 years of imprisonment.

Assault

• According to the Non-Fatal Offences Against the Person Act 1997, harm assault requires a charge.
• The assault categories include: Section 2,3,4 of criminal justice.

Assault

• Section 2 Assault -Summary offense in District Court; a 6 month imprisonment and/or five thousand euro fine can occur.
• Section 3 Assault Causing Harm - minor/summary offenses or non-minor offenses that lead to an arrest, temporary injury (mental, physical or emotional).
• Section 4 Assault Causing Serious Harm -serious, arrestable offense, injury resulting in permanent disfigurement, paralysis, or brain damage.

What is name of legislation for termination of pregnancy (abortion)?

• Health (Regulation of Termination of Pregnancy) Act 2018
• 8th Amendment in the Constitution of Ireland

Pregnancy Terminations Legal Circumstances

• If the woman's life or health are at risk.
• If the baby has a fatal fetal condition.
• (applies to pregnancies past 12 weeks)

Classifying Crimes

Common Law Division

• Felony - crimes that were punished with a death penalty
• Treason - type of felony that meant disloyalty towards the monarch

Four public order offences and the penalties

Criminal Justice (Public Order Offences) Act 1994

• Intoxication in a public place – Section 4 – penalty: fine up to €500
• Threatening, abusive, or insulting behaviour in a public place – Section 6 - penalty: fine up to €2500 and/or up to 3 months of imprisonment.
• Failure to comply with direction or order of Gardaí – Section 8 – penalty: fine up to €1000 and/or up to 6 months of imprisonment.
• Trespassing on a dwelling – Section 13 – penalty: up to €2500 fine and/or up to 6 months of imprisonment.

Road Traffic Offences Act 1961-2022.

• Speeding: a fine of €160 if paid within 28 days of the offence, or €240 if paid in subsequent 28 days + 3 penalty points.
• Driving without insurance: can result in 5 penalty points + mandatory court appearance.
• Careless driving: can result in 5 penalty points + mandatory court appearance.
• Using a vehicle with defective or worn tyres: Can result in 2 penalty points + €180 if paid within 28 days of the offence or €120 if paid in subsequent 28 days.

Explaining Summary and Indictable Offence

• Summary offences are dealt by a judge without a jury.
• Indictable offenses are dealt by a judge and jury.

List two offenses againsts the state 1939.

• Organization of police force or army that aren ot authorizes by the law, for example, the IRA( Irish Republican Army).
• Terrorism.

3 Terms And Their Definitions

Affray Act 1994. Section 16

• When 2 or more people use or threaten unlawful violence to person is fearful for their or someone else's safety. Maximum penalty: unlimited fine and/or 5 years.
• Violent Disorder (Section 15) – when 3 or more people are together at a place, and they use or threaten to use violence, the violence is fearful for their or someone else's safety. Maximum penalty: unlimited fine and/or 10 years.
• Riot (Section 14) - the main parts of differentiate a normal offence from violent disorder are number of people and the act of violence.

What must be taken from driver driving- blood urine and breath. List of offenses; Rape and Aggrevated assault. Offenses in Irish Law

Sedition

• A use or a attempt to use unlawful actions such as speeches, violence.

Treason

• Refers to levying war or action against the state.

Public Order Offences

• Misdemeanour includes crimes that caused public nuisance and petit theft.

Constitutional Minor Offenses

• These offenses include small crimes that would result in imprisonment of less than a year.

Non Minor offenses

• These offenses trial includes a jury, also punishment for the offenders imprisonment for longer than 1 year.

Statutory Division

• Summary offenses are dealt with the judge/district court.

indictable Offences

Arrestable offence (Serious)

These are punishment which imprisonment last more than 5 year or more.

Explore key drug offences legislations like the Misuse of Drugs Act and Criminal Justice Act. Learn about the Garda National Drugs and Organised Crime Bureau (GNDOCB), established in 2015, targeting drug dealing. Also, learn about the Criminal Assets Bureau (CAB) and its role.