Caught with Valium tablets

Have you been charged for possession of controlled drugs for sale or supply? Calls us Now on 018724717 or 0868257176 to represent you. Under the legislation, it is an offence to be in possession of a controlled drug with the intention of selling it illegally. Anyone found guilty of this offence is liable to a class C fine on summary conviction in a District Court. If the court decides, he or she could be subject to a fine and a prison term not exceeding 12 months. On conviction on indictment for this offence, the court can decide on an appropriate fine. The court can also impose a life sentence for this offence if it decides it is necessary. However, lesser sentences can also be imposed, either with a fine or alone. Where the market value of the drugs is €13,000 or more, the person convicted is liable for a minimum sentence of 10 years. This does not apply, however, where the court is satisfied there are exceptional circumstances. Similar penalties apply to someone convicted of importing drugs with a value of €13,000 or more. Anyone found guilty of supplying or attempting to supply a controlled drug into a prison, children detention school or remand centre can receive a class B fine on summary conviction or a prison term not exceeding 12 months or both. On conviction on indictment, the court can impose an appropriate fine or a maximum prison term of 10 years or both. Under the Criminal Justice (Psychoactive Substances) Act 2010 it is an offence to sell or supply for human consumption substances which are not specifically proscribed under the Misuse of Drugs Acts, but which have psychoactive effects. Anyone found guilty of such an offence is liable for a class A fine on summary conviction or imprisoned for a term not exceeding 12 months or both. On conviction on indictment they can be fined or imprisoned for a term not exceeding 5 years or both.

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Unconstitutional Search Warrant Leads to Quashed Conviction

A recent decision of the Supreme Court regarding certain search warrants has forced the government to introduce new legislation.

At issue was the constitutional protection afforded to the citizen's home under Article 40.5 of the Constitution. Article 40.5 states that: "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with the law.". The Supreme Court found that the legislation which allowed a Garda Superintendent to issue a search warrant under s.29 of the Offences Against the State Act 1939 was unconstitutional.

The Court stated that a high standard of independence was required of the person issuing a warrant to search a person's home. In the case of a member of An Garda Síochána issuing a warrant, this independence may not be guaranteed in some circumstances, for example where a person who issues the search warrant is conducting the same criminal investigation.

In this particular case, the Superintendent in charge of the investigation issued a warrant to search the home of a suspect. The Court held that at the Garda investigating the matter was not sufficiently independent to issue such a warrant. The proper person to issue the warrant was a person independent of the investigation authority, a district Court Judge for example.

The decision may have important implications for several cases currently before the courts where the same type of search warrant was issued and evidence was gathered during that search. Where criminal cases are fully concluded, it is likely that this decision will only be relevant where the convicted person challenged the search warrant during the original proceedings.