Drug Offenses Legislation & Gov. Bodies in Ireland

Drug Offenses Legislation

• Misuse of Drugs Act 1977-2015
• Criminal Justice (Drug Trafficking) Act 1996
• Criminal Justice Act 2006-2007
• Misuse of Drugs Regulations 1988
• Criminal Justice (Psychoactive Substances) Act 2010

Government Bodies Combating Drug Trafficking in Ireland

• Garda National Drugs and Organised Crime Bureau (GNDOCB) targets national, international, and local drug dealing, established in 2015, proactively disrupts, dismantles, and prosecutes top-tier organised crime groups involved in murder, drug/firearms trafficking, armed robberies, and money laundering
• Criminal Assets Bureau (CAB) was set up in 1996 after the murders of Veronica Guerin and Garda Jerry McCabe, consisting of Gardaí, Revenue officials, Department of Social Protection officials, and customs officials
• Gardaí in CAB wear plain clothes and their identity is unknown
• CAB's role involves seizing assets from criminal conduct like drug trafficking, theft, burglary, fraud, and money laundering
• CAB can tax all income sources and raise tax assessments, issue tax demands, and collect unpaid taxes when a person's lifestyle is inconsistent with their Revenue Commissioners' returns
• CAB can investigate, determine, and recover falsely claimed Social Welfare payments
• Gardaí Youth Diversion Programme aims to prevent young offenders and children involved in anti-social behaviour in Ireland from entering the adult criminal justice system and works to prevent drug use
• Dial to Stop Drug Dealing is an initiative to tackle drug dealing in local communities, providing a confidential and anonymous way to report drug dealing without revealing personal information

Functions of Customs and Excise in Combating Drug Trafficking

• Customs and Excise officers can search, arrest, detain, prosecute, and charge individuals suspected of carrying drugs, with assistance from gardaí
• They can detain individuals carrying €10000 or more in cash and seize cash being imported or exported with revenue concurrence
• Customs Drug Watch offers a free confidential phone line and email for reporting suspicious drug activity along the coast and ports, covering 3000km of coastline
• Customs personnel collaborate with the navy, utilizing Maritime cutters to patrol Irish waters

Illegal Drugs Sold in Ireland

• Cocaine
• Heroin
• Ketamine
• LSD

Drug Offenses and Penalties

• Possession for Personal Use (Section 3, Misuse of Drugs Act 1977) involves having a controlled drug in one's possession, which is an offense
• Cannabis: For a summary offense, a 1st and 2nd offense results in a fine up to €1000, while a 3rd offense leads to a fine up to €2500 and/or up to 12 months in jail.
• Cannabis: An indictable offense for cannabis results in a fine up to €2500 and/or 3 years in jail
• Possession of Other Controlled Drugs: a summary offense results in a fine up to €2500 and/or up to 1-year imprisonment, while an indictable offense leads to a fine and/or imprisonment up to 7 years
• Sale or Supply (Importing) of Drugs (Section 15, Misuse of Drugs Act 1977) involves possessing a controlled drug for selling or supplying it,
• Sale or Supply (Importing) of Drugs: a summary offense results in a fine up to €2500 and/or 12 months in prison
• Supplying to school/prison incurs a fine up to €4000
• Supplying to school/prison: An indictable offence fine is decided by the court and/or may result in life imprisonment, with a minimum of 10 years imprisonment for drugs valued at €13000 or more
• Fraudulent Prescription (Section 18, Misuse of Drugs Act 1977) involves unlawful forgery or alteration of a medical prescription.
• Fraudulent Prescription: For a summary offense, a fine of up to €1000 and/or 6 months in prison is imposed.
• Fraudulent Prescription: an indictable offense fine is decided by the court and/or imprisonment of up to 14 years
• Use of Property for Drug Offenses (Section 19, Misuse of Drugs Act 1977) involves occupiers permitting certain activities on land, vehicle, or vessel. Property may include vessel, land, house, vehicles etc. Examples include transporting controlled drugs in a car or growing opium

Penalties for a Summary Offense

• Fine up to €2500 and/or 12 months in prison.

Penalties for an Indictable Offense

• Fine is unlimited and/or up to 14 years in prison
• Helping someone commit a drug offense may result in being tried as a principal offender

Penalties for Cannabis/Resin vs Other Controlled Drugs

• Penalties for possessing cannabis/resin are less severe compared to other controlled drugs
• Cannabis – Summary offence: 1st & 2nd offence fine up to €1000; 3rd offence fine up to €2500 and/or up to 12 months in jail
• Cannabis – Indictable offence: fine up to €2500 and/or 3 years in jail
• Possession of other controlled drugs – for summary offence: fine up to €2500 and/or up to 1-year imprisonment
• Possession of other controlled drugs – for indictable offence: a fine and/or imprisonment up to 7 years

Circumstances for Prescribing Cannabis by a Medical GP

• Multiple sclerosis
• Epilepsy
• Treatment with chemotherapy
• CBD products may also be sold legally

Role of the Garda Siochana in the Criminal Justice Process

• The Garda Siochana carries out policing duties, provides security services, and enforces criminal and traffic law
• The Gardaí enforce state laws and prepare files for the DPP and have the power to arrest and detain with suspicion
• The Gardaí can charge criminals and approve garda station bail
• The Gardaí are responsible for bench warrants for accused who do not appear in court
• The Gardaí can be called as witnesses, bring accused to court, investigate, and prepare Book of Evidence for the DPP

Role of the Prison Officer in the Criminal Justice Process

• The Irish Prison Service is an executive agency responsible for providing safe, secure, and humane custody for those committed to prison by the Courts
• Prison officers are frontline staff interacting with prisoners daily, influencing their engagement in training, education, psychology, and community programs
• The Irish Prison Service and officers attempt to rehabilitate prisoners through education and counselling programmes
• Prison officers must relate to and engage with prisoners with professionalism, tolerance, and humanity to influence rehabilitation
• Prison officers handle face-to-face interactions with prisoners, managing transportation, safety, security, accommodation, healthcare access, psychology, work training, education
• Prison officers facilitate visits by family, friends, and legal representatives, maintain order/discipline, support care, progression, rehabilitation
• Prison officers help reintegrate prisoners back into communities and build appropriate relationships with prisoners

Role and Functions of the Special Criminal Court

• The Special Criminal Court differs from other courts by sitting with 3 judges and no jury
• The Special Criminal Court deals with paramilitary, subversive, and organised crimes like IRA, organised crime gangs, terrorism, drug dealing
• A conviction or sentence by the Special Criminal Court can be appealed to the Court of Appeal

Role and Functions of the 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 jury of 12
• The Central Criminal Court hears cases involving treason, piracy, murder, rape, aggravated sexual assault
• Verdicts are generally unanimous, but 10 out of 11, or 10 out of 12 jurors can decide
• Central Criminal Court also hears appeals from circuit courts

Role of the Probation Officer in the Court Process

• The Probation Service is an agency within the Department of Justice that reduces crime and increases public safety by changing offender behaviour
• The Probation Service works with offenders and others to reduce offending, support rehabilitation, and make communities safer
• The judge may request a pre-sanction report (probation report) or community service report, after a guilty plea
• Based on these reports, a probation officer can recommend actions, and the judge decides the case
• If a probation report is requested, the accused is assessed for non-prison sentence suitability, including personal/family circumstances, attitude to crime, responsibility acceptance, alcohol/drug problems, commitment to improve behaviour (e.g., drug treatment clinic), and reoffending risk
• Recommendations for non-prison sentences may include moving away from trouble areas or attending addiction treatment
• A Community service reports assess offender suitability for unpaid community work instead of prison if probation officers believe they can be supervised without reoffending risk
• Supervising offenders in the community is the Probation Service's main role
• Judges may grant probation orders, placing offenders under community supervision by probation officers, requiring regular contact and order condition compliance for up to 3 years
• Probation officers supervise offenders granted community service orders, organising work placements and informing courts of non-completion Probation officers also supervise prisoners on post-release or temporary release to ensure compliance
• Offenders who were granted suspended sentences are also supervised

Probation Service Community Work

• Reduce offending
• Support rehabilitation
• Develop local responses to crime
• Improve public safety and social inclusion

Scope of Community Work

• Such as work in areas such as drugs, homelessness and domestic violence
• The Probation Service also prepares assessment reports on prisoners, for the Parole Board; on people remanded in custody while awaiting trial, for the courts

Role of a Witness in a Criminal Trial

• A witness provides relevant information about a crime to help establish facts by telling the court what they know
• Witnesses must take an oath or affirm to tell the truth
• Eye-witnesses can only talk about what they saw/heard
• Expert witnesses can testify about their conclusions/professional opinions based on facts, such as pathologists, doctors, Gardaí

Terms in Sentencing

• Custodial sentence: Imprisonment as a judicial sentence, that can be maximum, mandatory, and sometimes minimum
• Suspended sentence: Judge imposes a prison sentence, suspending it on conditions, the offender does not go to prison, with 3 elements: imprisonment term, suspension conditions (good behaviour/treatment), and the suspension duration. If conditions are breached, the original term is served
• Community service order (CSO): An alternative to short-term prison, a CSO is community benefit work, that may be unpaid, and lasts up to 240 hours within a year

Terms for First Time Offenders

• Probation order is generally imposed on first-time offenders, type of official warning without sentence, requiring a person to have good behaviour and meet certain conditions, such as payment of compensation, or residing at a particular place or supervision or other conditions necessary e.g. attending counselling
• Poor box is an alternative for District Court dealing with first-time, less serious crimes, requires accused's agreement and donation to the court's poor box, alternative to recorded conviction, available if accused pleads guilty or there are special circumstances
• Adult caution is available for first-time offenders over 18, with the Adult Cautioning Scheme. Requires evidence of a specific offence and Gardaí belief that prosecuting is not in the public interest. Cautions aren’t disclosed in the Garda reports/police certificates, unless a person reoffends. Decision is made by local Garda Superintendent/Inspector, influenced by offender behaviour, circumstances, guilt evidence, public interest, and victim views

Criminal Legal Terms: Actus Reus and Mens Rea

• Actus reus means ‘guilty act,’ and a physical element of criminal responsibility that refers to the actual wrongful act or omission
• Mens rea means ‘guilty mind,’ the mental element of criminal responsibility that refers to the intention to commit a crime and its premeditation, requiring offense knowledge/intent to evade prohibition
• Proving both elements of a crime must be beyond a reasonable doubt

Actus Reus and Mens Rea for Robbery

• Actus reus involves stealing, depriving the owner of property, where a defendant uses force at the time or immediately before, or puts/tries to put property owner/person in fear of imminent force
• Mens rea involves the intention to steal; the defendant intended to use force or threats of force for the property

Inchoate Crime

• In other words, an attempt or incomplete crime
• May be found when the substantive crime failed due to arrest, impossibility, or an accident preventing the crime from taking place
• Examples are attempted murder for firing an unloaded gun at someone with an intent to kill and conspiracy to commit a burglary

Three Terms Pertaining to Crime

• Principal offender: the main conspirator of the crime. The crime is accompanied by mens rea/actus reus
• Aider/Abettor/Accomplice: someone who assists in the crime and who's a partner to it, may be tried as a principal offender under the Criminal Law Act 1997
• Accessory before the fact: someone who assists but doesn’t participate in its commission. Also, a person must know a particular crime

Accessory After The Fact

• A is knowing that it has been committed. Also, they shelter or conceal the offender to avoid capture/active assistance
• In some cases, they may be tried as principal offender

Crime Definition

• Crime is a wrongdoing or a violation of criminal law/s that is punishable by the courts, anything that directly and seriously threatens society's well-being/security

Differences Between a Crime and a Tort

• Tort: private dispute between individuals/companies + goal is to compensate for the harm suffered (e.g., by damages). + plaintiff brings the action/complaint + the deendant must define to the action
• Crime: public dispute between individuals/society + goal is to punish the wrongdoer + The DPP brings the case to the court + he burden of proof is on the prosecution

Define Trespass

• The intentional act of entering another person’s land without permission/legal right, and staying on the premises even after after being asked to leave

Purpose of Criminal Law

• Safeguard citizens from harm by deterring people from committing crimes and punishing those who do
• Protect property and uphold public order
• Protect individual rights
• Maintain an orderly society via the standard of behaviour by it's citizens

Terminology

• Conspiracy crime is the agreement between two or more to commit a crime, and may be charged in addition to it
• Attempted crime is also known as an inchoate or incomplete crime. It may be found when the substantive crime failed for any reasons (arrest, etc)

Cyber Crime Terminology

• Phishing: scammers use a seemingly real email address with a link that urges you to input personal information, such as full name, SS number, and credit card number
• Smishing uses text messages or messaging apps to contact others, asking for personal information from a link/website

Criminal Offenses Terminology

• Euthanasia is the intentional murder of another to relive their pain and suffering that is performed and medically by a trained medical professional
• Assisted suicide is committed by another person with assistance Both euthanasia and assisted suicide are illegal in Ireland under the Criminal Law (Suicide) Act 1993, a 14 prison sentence
• Multiple Sclerosis Sufferer, Tom Curran, was restated in the case of Marie Fleming wanted her partner
• Irish citizens have the right to travel abroad to avail of euthanasia

Arrest Law and Legislation

• A person can be arrested for assault causing harm by Section 3 of the Non-Fatal Offenses Act 1997

Criminal Law: The Assault Categories

• Section 2: Summary offense (6 months and/or €5000)
• Section 3:

1. summary/minor (12 months and/or €5000);
2. non-minor offence by court

• Section 4: unlimited prison and/or fine ( usually in court)
• (direct/indirect), causes or permanent causes injury (brain damage)

Legislation For Abortion

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

Instances For Terminating Pregnancy

• Woman's life /health is at risk or is fatal

Explain the terms used in the following categories for classifying crimes

• Felony crime involved a death penalty and where the person could be arrested without a warrant (murder, rape, kidnapping)
• Treason: involved disloyalty to monarch: or disobeying a landlord.
• Missdemeanour involved fines and/or impriisonment (petty theft) CONSTITUTIONAL DIVISION:
• Minor offense: less than one year imprisonment (district offense)
• Non minor offense: tried with a jury (imprisonment of 1-5 years) STATUTORY DIVISION
• summmary: judge without jury
• Indictable: before a judge and jury
• Misdeameanor: less than 1 year
• Areestable offence (5 years and over)

Public Order Offenses

• The punishments from the Act range from fines up to €2500 and imprisonment

Traffic offenses

• There are punishments such as driving without insurance to speeding.

Terminology Summary

A criminal trial is typically tried by a judge and sometimes a summary. There is much offenses that state 193, is organized. This is because there can be no reasonable safeness to the safety. This happens by taking the blood, urine, or breath. You must also sign something in Irish Law and can be sent to prison.

Overview of drug offenses legislation in Ireland, including the Misuse of Drugs Act and Criminal Justice Acts. Also details government bodies like the Garda National Drugs and Organised Crime Bureau (GNDOCB) and Criminal Assets Bureau (CAB) combating drug trafficking.