The vast majority of those jailed for drugs offences are involved at the lower end of the trade while big-time dealers generally escape imprisonment, according to new research.
The punishment regime for drug dealers is an exercise in "picking the low-hanging fruit" and manifestly fails to catch big-time dealers and the masterminds of the drugs business, NUI Galway law lecturer Tom O'Malley told a weekend conference.
He told the national prosecutors' conference that drug dealers are generally given quite heavy sentences even though the vast majority plead guilty.
Mr O'Malley said he had reviewed 100 drugs cases that had come before the courts since 2001. Numerous inconsistencies emerged from this analysis, with similar sentences being imposed for markedly different offences. For example, of those jailed for seven or eight years, the value of the drugs involved ranged from €33,000 to €16 million.
Just five of the 100 jailed for drugs offences could be considered big-time dealers making substantial profits. About 65 offenders were small-time dealers who were making less than €1,000 from a transaction, and 30 had a more dynamic role in distributing or selling drugs, directing others, or had a history of drug dealing.
Sixty per cent were Irish, 14 per cent came from African countries, 9 per cent from the UK, 6 per cent from eastern Europe and 11 per cent from elsewhere. The vast majority (88 per cent) were male.
Almost 95 per cent of those charged with drugs offences pleaded guilty, thus saving the State considerable resources, Mr O'Malley said. The amounts of drugs involved varied greatly, with 20 per cent of cases involving drugs worth €1 million and more.
All but two offenders were given jail sentences, and these ranged from 24 years to 11 months. About 21 per cent received 10 years or more, and almost half received seven years or more.
The policy of linking sentences to the street value of drugs found was problematic, he said. In other countries, weight is the determining factor for sentencing.
The Director of Public Prosecutions, James Hamilton, told the conference that judges should establish clear sentencing guidelines for different types of crime.
"If the courts do not themselves establish clear sentencing principles there is likely to be an increasing tendency for the Oireachtas to resort to step into the breach and resort to legislation establishing mandatory sentences. I do not believe this would be desirable and it would be a pity if it were to happen."
Mr Hamilton said he believed mandatory sentences established by the Oireachtas were likely to be a much cruder instrument than sentencing guidelines laid down by the courts.
Pauline Walley SC called for the provision of accurate sentencing data as a first step to helping the courts draw up guidelines on sentencing.
