Controversial new plans in Britain to significantly reduce prison terms for gangland figures who turn "supergrass" will be studied by officials from the Department of Justice in coming months to see if a similar scheme should be introduced here.
News that the new plan is to be considered in the Republic comes as reviews of the witness protection programme and of mandatory sentencing for drug dealers are being finalised by senior gardaí and officials from the criminal law section of the Department of Justice.
The new plea-bargaining measures in the UK are contained in a British government white paper on organised crime published jointly today by the Home Office and Foreign Office. It is hoped that offering greatly reduced sentences to gang members will result in them supplying information on leading figures involved in major drugs, human trafficking and money laundering gangs.
Protagonists of the new system point to its success in the US, Italy and Australia, where remission of up to two-thirds is used as an incentive for witnesses in up to 25 per cent of gangland cases.
A spokesman for Mr McDowell said while there were no active plans to implement a "remission for evidence" scheme in Ireland, officials from the Department would study the British white paper and track the progress of proposals therein.
"We are constantly looking at what developments are taking place in other jurisdictions, particularly in other common law countries, so we will be watching this with interest," the spokesman said
While plea bargaining is not part of the Irish judicial system, it is used informally. Gardaí who plead guilty when charged with wrongdoing often have their cases heard at District Court level, but many who plead not guilty are dealt with by the Circuit Courts. Some murder suspects who plan to plead not guilty to murder often agree to plead guilty to the lesser charge of manslaughter.
In Britain those who turn State witness will enter a witness protection programme once they have completed their reduced sentences.
Senior gardaí are finalising a review of the witness protection programme which is expected to be submitted to Mr McDowell before the start of the summer. It is expected to recommend setting up the programme on a statutory basis.
A review of mandatory sentencing for drug dealers is also nearing completion. Mr McDowell has already said he is unhappy with the use by judges of the mandatory sentencing for some convicted drug dealers. Since 1999, Section 15a of the Misuse of Drugs Act obliged judges to sentence drug dealers to a mandatory term of 10 years if they are caught with drugs worth £10,000 or more.
While 276 drug dealers had been charged under the provision as of last November, just 12 had received the mandatory 10-year prison term. One clause in the legislation allows judges discretion on sentencing if the accused has supplied gardaí with information and entered a guilty plea.
