THE CONSTITUTIONALITY OF MANDATORY MINIMUM SENTENCING IN IRELAND

This article considers the constitutionality of mandatory minimum sentencing in Ireland and particularly the recent case of Ellis v Minister for Justice, in which the Supreme Court struck down a provision providing for a mandatory minimum penalty. This decision is analysed in the context of previous Irish decisions and recommendations for law reform and also in the light of recent developments in Canada. The future of mandatory sentencing policies in Ireland is then considered given that a review of such practices is now required by legislation.