MISUSE OF DRUGS ACT, 1977

AN ACT TO PREVENT THE MISUSE OF CERTAIN DANGEROUS OR OTHERWISE HARMFUL DRUGS, TO ENABLE THE MINISTER FOR HEALTH TO MAKE FOR THAT PURPOSE CERTAIN REGULATIONS IN RELATION TO SUCH DRUGS, TO ENABLE THAT MINISTER TO PROVIDE THAT CERTAIN SUBSTANCES SHALL BE POISONS FOR THE PURPOSES OF THE PHARMACY ACTS, 1875 TO 1962, TO AMEND THE PHARMACOPOEIA ACT, 1931, THE POISONS ACT, 1961, THE PHARMACY ACT, 1962, AND THE HEALTH ACTS, 1947 TO 1970, TO REPEAL THE DANGEROUS DRUGS ACT, 1934, AND SECTION 78 OF THE HEALTH ACT, 1970, AND TO MAKE CERTAIN OTHER PROVISIONS IN RELATION TO THE FOREGOING. [16th May, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Interpretation.

1.—(1) In this Act—

F1["business" includes a profession; ]

F2["cannabis" (except in "cannabis resin") means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) but includes neither cannabis resin nor any of the following products after separation from the rest of any such plant, namely—

• (a) mature stalk of any such plant,

• (b) fibre produced from such mature stalk, or

• (c) seed of any such plant;]

“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

“the Dental Board” means the Dental Board established under the Dentists Act, 1928;

“duly issued prescription” has the meaning assigned to it by section 18 of this Act;

“forged prescription” has the meaning assigned to it by section 18 of this Act;

F3["Irish Medicines Board" means the Irish Medicines Board established under section 3 of the Irish Medicines Board Act 1995;]

“land” includes land covered wholly or partly with water;

“the Medical Registration Council” means the Medical Registration Council established under the Medical Practitioners Acts, 1927 to 1961;

“the Minister” means the Minister for Health;

F4["opium poppy" means a plant of the species Papaver somniferum L or Papaver bracteatum Lindl;]

“pharmacist” means a registered pharmaceutical chemist, a registered dispensing chemist and druggist and a registered druggist;

“prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

F5[“practitioner” means a registered medical practitioner, a registered dentist, a registered veterinary surgeon, a registered nurse and a registered midwife;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“registered dentist” means a person registered in the register established under the Dentists Act, 1928;

“registered dispensing chemist and druggist” means a person registered in the register of dispensing chemists and druggists established under the Pharmacy Act, 1951;

“registered druggist” means a person registered in the register of registered druggists in Ireland established under the Pharmacy Act (Ireland), 1875, Amendment Act, 1890;

“registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927;

F6[“registered midwife” means a midwife whose name is entered in the midwives division of the register of nurses and midwives under the Nurses and Midwives Act 2011;]

F5[“registered nurse” means a nurse whose name is entered in the nurses division of the register of nurses and midwives under the Nurses and Midwives Act 2011;]

“registered pharmaceutical chemist” means a person registered in the register of pharmaceutical chemists for Ireland established under the Pharmacy Act (Ireland), 1875;

“registered veterinary surgeon” means a person registered in the register established under the Veterinary Surgeons Act, 1931;

“registration authority” means such one of the following as the context requires namely, the Dental Board, the Medical Registration Council and the Veterinary Council;

“the respondent” in relation to a reference under section 8 or section 9 of this Act means the practitioner in respect of whom the reference is made;

“special direction” has the meaning assigned to it by section 7 (2) of this Act;

“supply” includes giving without payment;

F7["temporary direction" means a direction under section 9 of this Act;]

F8["vessel" includes a hovercraft;]

“the Veterinary Council” means the Veterinary Council established under the Veterinary Surgeons Act, 1931.

• (2) For the purposes of this Act any controlled drug, pipe, utensil or document of which a person has control and which is in the custody of another who is either under the person's control or, though not under the person's control, acts on his behalf, whether as an agent or otherwise, shall be regarded as being in the possession of the person, and the provisions of section 16 and section 18 together with the provisions of this Act relating to the possession of controlled drugs shall be construed and have effect in accordance with the foregoing.

2. Controlled drugs.

2.—(1) In this Act “controlled drug” means any substance, product or preparation (other than a substance, product or preparation specified in an order under subsection (3) of this section which is for the time being in force) which is either specified in the Schedule to this Act or is for the time being declared pursuant to subsection (2) of this section to be a controlled drug for the purposes of this Act.

• (2) The Government may by order declare any substance, product or preparation (not being a substance, product or preparation specified in the Schedule to this Act) to be a controlled drug for the purposes of this Act and so long as an order under this subsection is in force, this Act shall have effect as regards any substance, product or preparation specified in the order as if the substance, product or preparation were specified in the said Schedule.

• (3) The Government may by order declare that the provisions of this Act shall not apply in relation to a substance, product or preparation specified both in the order and in the Schedule to this Act, and so long as an order under this subsection is in force, this Act shall not apply in relation to a substance, product or preparation specified in the order.

• (4) The Government may by order amend or revoke an order under this section (including an order made under this subsection).

3. Restriction on possession of controlled drugs.

3.—(1) Subject to subsection (3) of this section and section 4 (3) of this Act, a person shall not have a controlled drug in his possession.

• (2) A person who has a controlled drug in his possession in contravention of subsection (1) of this section shall be guilty of an offence.

• (3) The Minister may by order declare that subsection (1) of this section shall not apply to a controlled drug specified in the order, and for so long as an order under this subsection is in force the prohibition contained in the said subsection (1) shall not apply to a drug which is a controlled drug specified in the order.

• (4) The Minister may by order amend or revoke an order under this section (including an order made under this subsection).

4. Regulations permitting possession of controlled drugs.

4.—(1) The Minister may make regulations enabling any person, or persons of a prescribed class or description, in prescribed circumstances or for prescribed purposes, to possess a controlled drug subject to such conditions (if any), or subject to and in accordance with such licence, as may be prescribed.

• (2) Subject to section 13 of this Act, the Minister shall exercise his power to make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner or pharmacist to have a controlled drug in his possession for the purpose of his profession or business.

• (3) It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his possession in prescribed circumstances or for prescribed purposes, as may be appropriate, a controlled drug specified therein, provided that any conditions specified in the regulations or attached to a licence granted under this Act and applicable in the particular case are complied with by him.

5. Regulations to prevent misuse of controlled drugs.

5.—(1) For the purpose of preventing the misuse of controlled drugs, the Minister may make regulations—

• (a) prohibiting absolutely, or permitting subject to such conditions or exceptions as may be specified in the regulations, or subject to any licence, permit or other form of authority as may be so specified—

• (i) the manufacture, production or preparation of controlled drugs,

• (ii) the importation or exportation of controlled drugs,

• (iii) the supply, the offering to supply or the distribution of controlled drugs,

• (iv) the transportation of controlled drugs,

• (b) requiring prescribed documents to be used in a prescribed manner in relation to prescribed transactions concerning controlled drugs and requiring copies of such documents to be furnished to prescribed persons, or to persons of a prescribed class or description,

• (c) requiring prescribed precautions to be taken for the purpose of ensuring the safe custody of controlled drugs,

• (d) requiring prescribed records to be kept in relation to controlled drugs and regulations under this section may specify the manner in which the records are to be kept and maintained and such regulations may also provide for the furnishing of information relating to such records in such circumstances and in such manner as may be prescribed,

• (e) providing for the inspection by prescribed persons of precautions taken or records kept in pursuance of regulations under this section,

• F9[(f) subject to subsection (1A), regulating the issue of prescriptions for controlled drugs and the supply of controlled drugs on prescription by—

• (i) registered medical practitioners, registered dentists or registered veterinary surgeons,

• (ii) relevant nurses, or

• (iii) relevant midwives,]

• (g) requiring persons dispensing prescriptions for controlled drugs to furnish to the Minister such information relating to those prescriptions as may be prescribed,

• (h) regulating or controlling the packaging and labelling of controlled drugs and such regulations may in particular require prescribed particulars relating to controlled drugs or a prescribed statement (including a warning or caution) relating to such drugs to be printed either on the outside of any packet or container used in the sale, supply or distribution of controlled drugs or on a label attached to such packet or container,

• (i) requiring that any controlled drugs which, because of their condition or for any other reason, are not intended to be used shall be destroyed or disposed of in a prescribed manner,

• (j) requiring any manufacturer, manufacturer’s agent or wholesaler who wishes to withdraw a controlled drug from public sale to give six months notice of such proposed withdrawal unless the Minister is satisfied that it is in the public interest that such controlled drug should be withdrawn at such shorter notice as the Minister may determine.

• F9[(1A) The Minister shall not make regulations under subsection (1)(f)(ii) or (iii) unless the Minister, having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the issue of prescriptions for that controlled drug by relevant nurses or relevant midwives.]

• (2) Subject to section 13 of this Act, the Minister shall exercise his power to make regulations under this section so as to secure that it is not unlawful under this Act for—

• (a) a practitioner F10[(other than a relevant nurse or a relevant midwife)], for the purpose of his profession, to prescribe, administer, manufacture, compound or supply a controlled drug,

• (b) a pharmacist, for the purpose of his profession or business, to F11[…] manufacture, compound or supply a controlled drug,

provided that nothing in this subsection shall be construed as enabling the Minister to make regulations under this Act authorising a registered druggist to keep open shop for the compounding or dispensing of medical prescriptions.

• F9[(3) Subject to section 13, the Minister may make regulations under this section so as to secure that it is not unlawful under this Act for a practitioner who is a relevant nurse or a relevant midwife, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply a controlled drug if the Minister, after having had regard to the nature and purpose of the controlled drug (including any deleterious effects which may arise from the misuse thereof), is satisfied that it is reasonably safe to permit the practitioner, for the purpose of the practitioner’s profession as a relevant nurse or a relevant midwife, to prescribe, administer or supply that controlled drug.]

• F12[(4) In this section—

"relevant midwife" means a registered midwife or a class of registered midwives;

"relevant nurse" means a registered nurse or a class of registered nurses.]

6. Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners or pharmacists convicted of offences.

6.—(1) Where a practitioner or pharmacist has after the commencement of this subsection been convicted of—

• (a) an offence under this Act, or

• (b) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person.

• F13[(1A) Where a relevant person has after the commencement of this subsection been convicted of—

• (a) an offence under this Act, or

• (b) an offence against the Customs Acts in relation to the importation or exportation of a controlled drug,

the Minister may give a direction under subsection (2) of this section in respect of that person.]

• (2) A direction under this subsection shall—

• (a) in case the direction relates to a practitioner, be a direction prohibiting him from having in his possession, prescribing, administering, manufacturing, compounding and supplying and from authorising the administration and supply of such controlled drugs as may be specified in the direction,

• (b) in case the direction relates to a pharmacist F14[or relevant person, be a direction prohibiting the pharmacist or relevant person, as the case may be, from having in the pharmacist’s or relevant person’s, as the case may be,] possession, manufacturing, compounding and supplying and from supervising and controlling the manufacture, compounding and supply of such controlled drugs as may be specified in the direction.

• (3) The Minister may at any time give a direction cancelling or suspending any direction given by him under subsection (2) of this section, or cancelling any direction of his under this subsection by which a direction so given is suspended.

• (4) The Minister shall cause a copy of any direction given by him under this section to be served on the person to whom it applies and shall cause notice of any such direction to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.

• (5) A direction under this section shall take effect when a copy of it is served on the person to whom it applies.

• (6) Any person who contravenes a direction given under this section shall be guilty of an offence.

• F15[(7) In this section, "relevant person" means—

• (a) a person, not being a pharmacist, keeping open shop for the dispensing or compounding of medical prescriptions in accordance with the provisions of the Pharmacy Acts 1875 to 1977, or

• (b) any director, manager, secretary or other official of a person referred to in paragraph (a) of this definition which is a body corporate.]

7. Special directions prohibiting prescribing etc. of controlled drug in certain cases.

7.—(1) If the Minister believes that a practitioner is or has been, after the commencement of this section, prescribing, administering or supplying, or authorising the administration or supply of any controlled drug in an irresponsible manner, subject to the provisions of this Act, he may give a direction in respect of the practitioner prohibiting him prescribing, administering or supplying or authorising the administration or supply of such controlled drugs as may be specified in the direction.

• (2) A direction given pursuant to this section (in this Act subsequently referred to as a special direction) shall come into force when a copy of it is given to the practitioner to whom it relates and, subject to subsection (3) of this section and section 11 (1) of this Act, the special direction shall remain in operation until it is cancelled.

• (3) The Minister may F16[…] suspend the operation of a special direction.

• (4) The Minister may F16[…] cancel a special direction.

• (5) Where the Minister suspends the operation of or cancels a special direction, he shall cause notice to that effect to be given to the practitioner to whom the special direction applies and, as soon as may be, cause notice of the suspension or cancellation to be published in the Iris Oifigiúil.

• (6) A person who contravenes a special direction shall be guilty of an offence.

8. Investigation of cases where Minister considers there are grounds for special direction.

F17[8.—(1) If the Minister considers that there may be grounds for giving a special direction, he shall forthwith establish a committee of inquiry, constituted in accordance with any regulations under section 12 of this Act which apply to it, and as soon as may be after such committee is established he shall refer the matter in question to the committee for investigation and when making the reference send to the committee a statement of such grounds, and it shall be the duty of the committee in accordance with this section to investigate the matter referred to it and to report on it to the Minister.

• (2) Where the Minister sends a statement of grounds to a committee of inquiry established pursuant to this section, he shall at the same time send to the respondent a copy of the statement and invite him to submit to the committee in writing, within the period of twenty-one days commencing on the date on which the statement is sent to the committee, any representations relating to the matter to be investigated which he may then wish to make.

• (3)
• (a) Where a committee of inquiry is established under this section, a meeting of the committee of inquiry shall be convened by the Minister who shall at the same time fix a day for the meeting, being a day which is neither earlier than the seventh day after the expiration of the period referred to in subsection (2) of this section nor later than the twenty-first day after such expiration.

• (b) Where the Minister convenes a meeting under this subsection, he shall at the same time send to the respondent not less than seven days’ notice in writing of the date, place and time fixed by the Minister for the meeting and the notice shall also notify the respondent that he may make representations to, and if he so wishes appear in person before, the committee of inquiry concerned, be assisted by another person (whether so appearing or not) in making such representations or have such representations made by another person (whether so appearing or not) acting on his behalf.

• (4) A committee of inquiry established under this section shall report to the Minister on its investigation as soon as may be and shall state in the report whether or not they recommend the giving of a special direction as regards the matter being investigated, and in case the committee recommends the giving of such a direction they shall indicate in their report either the controlled drugs which the committee considers should be specified in the relevant special direction or that the committee considers that such direction should apply to all controlled drugs.

• (5) Having considered the report of the committee of inquiry established under this section, the Minister may—

• (a) decide to give in respect of the respondent a special direction specifying all or any of the controlled drugs indicated in a recommendation of the committee, or

• (b) decide not to give a special direction,

and in case the Minister pursuant to this section decides not to give a special direction, he shall notify the respondent accordingly.

• (6) Where the Minister gives a special direction, he shall, as soon as may be, cause a copy of the special direction to be served on the respondent and shall cause a copy of the direction to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.

• (7) Where the Minister gives a special direction, he shall send a copy of the report received by him from the relevant committee of inquiry and the special direction to the respondent and also to—

• (a) in case the respondent is a registered dentist, the Dental Board,

• (b) in case the respondent is a registered medical practitioner, the Medical Council,

• (c) in case the respondent is a registered veterinary surgeon, the Veterinary F18[Council,]]

• F19[(d) in case the practitioner concerned is a registered nurse, to An Bord Altranais,]

9. Prohibition of prescribing etc. in cases of urgency.

F20[9.—(1) Where the Minister refers a matter for investigation to a committee of inquiry established under section 8 of this Act, he may give a direction under this section in respect of the respondent prohibiting his prescribing, administering or supplying or authorising the administration or supply of such controlled drugs as may be specified in the direction, and such direction shall come into force on the expiration of the period of seven days beginning on the day on which a copy of the direction is sent by the Minister to the respondent unless, not later than the seventh day following the day on which such copy is so sent, the respondent satisfies the Minister that the direction should not come into force.

• (2) In case a copy of a temporary direction is sent by the Minister, the Minister shall at the same time send to the respondent a notice in writing stating that the respondent may, within the time limit specified in subsection (1) of this section, make representations to the Minister stating why the temporary direction should not come into force.

• (3) A temporary direction shall remain in force until the expiration of the period of twenty-eight days beginning on the day on which it is given or until the Minister makes a decision under section 8 (5) of this Act as regards the relevant case, whichever first occurs.

• (4) The Minister may extend or further extend, in either case for a period not exceeding twenty-eight days, the period during which a particular temporary direction is to remain in force.

• (5) Where a temporary direction is given, extended or further extended, the Minister shall, as soon as may be, cause a notice of the temporary direction, its extension or further extension, as may be appropriate, to be published in the Iris Oifigiúil and in such other manner (if any) as the Minister may consider appropriate.]

10. Investigation on initiative of Dental Board, Medical Registration Council or Veterinary Council.

10.—F21[…]

11. Appeals.

11.—(1) Any practitioner or pharmacist who is aggrieved by a direction under section 6 (2) of this Act, a special direction or a temporary direction may, not later than three weeks after the day on which the direction under the said section 6 (2), special direction or temporary direction, as the case may be, comes into force, appeal to the High Court, and that Court may—

• (a) by interim order suspend the operation of the direction under the said section 6 (2), special direction or temporary direction, either generally or in a particular respect, until the final determination of the proceedings,

• (b) confirm the direction under the said section 6 (2), special direction or temporary direction with or without modification or cancel it.

• (2) Where a direction under section 6 (2) of this Act, special direction or temporary direction is suspended or cancelled or confirmed with modifications by the High Court, the order of the Court shall not prejudice the validity of anything done on foot of the direction prior to the making of the order.

• (3) Where a direction under section 6 (2) of this Act, special direction or temporary direction is suspended or cancelled by the High Court, the Minister shall as soon as may be cause notice thereof to be published in the Iris Oifigiúil.

12. Regulations (committees and panels).

12.—(1) The Minister may, after consultation with any registration authority concerned, make regulations in relation to the constitution and procedure of committees of inquiry F22[…] established pursuant to section 8 F22[…] of this Act.

• (2) Subject to the provisions of this Act and to any regulations made by the Minister under this section and which apply to it, a committee F23[…] referred to in subsection (1) of this section may regulate its procedure and business.

13. Additional powers in relation to certain controlled drugs.

13.—(1) If in the case of any controlled drug the Minister is of the opinion that it is in the public interest—

• (a) for the manufacture, production, preparation, sale, supply, distribution and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or for other special purposes specified in an order under this section, or

• (b) for it to be unlawful for any person who is either a practitioner or a pharmacist to have in his possession or to do in relation to that drug any of the things mentioned in section 5 (2) of this Act except under a licence or other authority issued by the Minister,

he may by order designate that drug as a drug to which this subsection applies, and while there is in force an order under this section designating a controlled drug as one to which this subsection applies, section 4 (2) of this Act and the said section 5 (2) shall not apply as regards that drug.

• (2) The Minister may by order revoke or amend any order under this section (including an order under this subsection).

14. Licences etc.

14.—(1) The Minister may grant licences or issue permits or authorisations for any of the purposes of this Act, attach conditions to any such licence, permit or authorisation, vary such conditions and revoke any such licence, permit or authorisation.

• (2) The Minister may make regulations requiring the payment of prescribed fees in respect of the grant or issue under this section of a licence, permit or authorisation.

15. Possession of controlled drugs for unlawful sale or supply.

15.—(1) Any person who has in his possession, whether lawfully or not, a controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act, shall be guilty of an offence.

• (2) Subject to section 29 (3) of this Act, in any proceedings for an offence under subsection (1) of this section, where it is proved that a person was in possession of a controlled drug and the court, having regard to the quantity of the controlled drug which the person possessed or to such other matter as the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for the immediate personal use of the person, he shall be presumed, until the court is satisfied to the contrary, to have been in possession of the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act.

15A. F27[Offence relating to possession of drugs with value of F28[€13,000] or more.

15A.—(1) A person shall be guilty of an offence under this section where—

• (a) the person has in his possession, whether lawfully or not, one or more controlled drugs for the purpose of selling or otherwise supplying the drug or drugs to another in contravention of regulations under section 5 of this Act, and

• (b) at any time while the drug or drugs are in the person's possession the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to F28[€13,000] or more.

• (2) Subject to section 29(3) of this Act (as amended by section 6 of the Criminal Justice Act, 1999), in any proceedings for an offence under this section, where—

• (a) it is proved that a person was in possession of a controlled drug, and

• (b) the court, having regard to the quantity of the controlled drug which the person possessed or to such other matters that the court considers relevant, is satisfied that it is reasonable to assume that the controlled drug was not intended for his immediate personal use,

he shall be presumed, until the court is satisfied to the contrary, to have been in possession of the controlled drug for the purpose of selling or otherwise supplying it to another in contravention of regulations under section 5 of this Act.

• (3) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—

• (a) the market value of the controlled drug concerned, or

• (b) the aggregate of the market values of the controlled drugs concerned.

• F29[(3A) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at any time while the controlled drug or drugs concerned were in the person’s possession that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.]

• (4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

• (5) In this section—

"market value", in relation to a controlled drug, means the price that drug could be expected to fetch on the market for the unlawful sale or supply of controlled drugs;

"an officer of customs and excise" has the same meaning as in section 6 of the Criminal Justice (Drug Trafficking) Act, 1996.]

15B. F30[Importation of controlled drugs in excess of certain value.

15B.— (1) A person shall be guilty of an offence where—

• (a) the person imports one or more controlled drugs in contravention of regulations under section 5 of this Act, and

• (b) at or about the time the drug or drugs are imported the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to €13,000 or more.

• (2) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—

• (a) the market value of the controlled drug concerned, or

• (b) the aggregate of the market values of the controlled drugs concerned.

• (3) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at the time the person imported the controlled drug or drugs concerned that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.

• (4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

• (5) In this section "market value" and "an officer of customs and excise" have the meanings they have in section 15A of this Act.]

15C. F31[Supply of controlled drugs into prisons and places of detention.

15C.— (1) A person shall be guilty of an offence where—

• (a) the person, other than in accordance with regulations made under section 4 of this Act, conveys a controlled drug into a prison, children detention school or remand centre or to a person in the prison, school or centre,

• (b) the person, other than in accordance with regulations made under section 4 of this Act, places a controlled drug in any place inside or outside a prison, children detention school or remand centre with intent that it shall come into the possession of a person in the prison, school or centre,

• (c) the person throws or projects a controlled drug into a prison, children detention school or remand centre, or

• (d) the person, while in the vicinity of a prison, children detention school or remand centre, has in his or her possession a controlled drug with intent to commit an act referred to in paragraph (a), (b) or (c) of this subsection.

• (2) A person may be guilty of an offence under subsection (1) of this section irrespective of the quantity of the controlled drug concerned.

• (3) Subject to section 29(3) of this Act, in any proceedings for an offence under subsection (1)(d) of this section, where—

• (a) it is proved that a person was in possession of a controlled drug in the vicinity of a prison, children detention school or remand centre, as the case may be, and

• (b) the court (or the jury, as the case may be), having regard to all the circumstances including the person’s proximity to the prison, school or centre, as the case may be, the packaging (if any) of the controlled drug and the time of the day or night concerned, is satisfied that it is reasonable to assume that the controlled drug was not intended for his or her immediate personal use,

he or she shall be presumed, until the court (or the jury, as the case may be) is satisfied to the contrary, to have been in possession of the controlled drug with intent to commit an act referred to in paragraph (a) or (b) or, as the case may be, (c) of subsection (1) of this section.

• (4) In any proceedings for an offence under subsection (1) of this section, it shall not be necessary for the prosecutor to prove that the controlled drug concerned was intended to come into the possession of any particular person in the prison, children detention school or remand centre, as the case may be.

• (5) If a prison officer or an authorised member of the staff of a children detention school or remand centre reasonably suspects that a person has committed or is committing an offence under this section, he or she may, for the purpose of detecting the commission of such an offence, search the person at any time while he or she is in the prison, school or centre, as the case may be.

• (6) A prison officer or an authorised member of the staff of a children detention school or remand centre may, for the purpose of performing his or her functions under subsection (5) of this section, have a controlled drug in his or her possession.

• (7) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both.

• (8) In this section—

"an authorised member of the staff" —

• (a) in relation to a children detention school, means a member of the staff of the school who is authorised in writing for the purposes of this section by the Director (within the meaning of section 157 of the Children Act 2001) of the school, and

• (b) in relation to a remand centre, means a member of the staff of the centre who is authorised in writing for the purposes of this section by the owners or, as the case may be, the managers of the centre;

"children detention school" and "remand centre" have the meanings they have in section 3(1) of the Children Act 2001;

"prison" means a place of custody administered by the Minister for Justice, Equality and Law Reform and includes Saint Patrick’s Institution and a place of detention provided under section 2 of the Prisons Act 1970, and "prison officer", in relation to a prison, shall be construed accordingly.]

16. Prohibition of certain activities etc. relating to opium.

16.—(1) A person shall not—

• (a) smoke or otherwise use prepared opium,

• (b) frequent a place used for the purpose of smoking or otherwise using prepared opium, or

• (c) have in his possession—

• (i) any pipes or other utensils made or adapted for use in connection with the smoking of opium, being pipes or utensils which have been used by him or with his knowledge and permission in that connection or which he intends to use or permit others to use in that connection, or

• (ii) any utensils which have been used by him or with his knowledge and permission in connection with the preparation of opium for smoking.

• (2) A person who contravenes a provision of subsection (1) of this section shall be guilty of an offence.

17. Prohibition of cultivation of opium poppy or cannabis plant.

17.—F32[(1) A person shall not cultivate opium poppy F33[for the production of opium], any plant of the genus Cannabis or any plant of the genus Erythroxylon except under and in accordance with a licence issued in that behalf F34[under section 14(1)].]

• F32[(2) Every person who cultivates opium poppy F35[for the production of opium], a plant of the genus Cannabis or a plant of the genus Erythroxylon in contravention of subsection (1) of this section shall be guilty of an offence.]

18. Forged or fraudulently altered prescriptions.

18.—(1) A person shall not forge a document purporting to be a prescription issued by a practitioner (which document is in this Act referred to as a forged prescription).

• (2) A person shall not with intent to deceive either alter or use a prescription which has been duly issued by a practitioner (which document is in this Act referred to as a duly issued prescription).

• (3) A person shall not have in his possession either a forged prescription or a duly issued prescription which has been altered with intent to deceive.

• (4) The Minister may by regulations declare that in circumstances specified in the regulations subsection (3) of this section shall not apply in relation to persons who are of a prescribed class or description, and for so long as regulations under this subsection are in force the said subsection (3) shall be construed in accordance with and have effect subject to the regulations.

• (5) A person who contravenes a provision of this section shall be guilty of an offence.

19. Occupiers etc. permitting certain activities to take place on land, vehicle or vessel to be guilty of an offence.

19.—(1) A person who is the occupier or is in control or is concerned in the management of any land, vehicle or vessel and who knowingly permits or suffers any of the following to take place on the land, vehicle or vessel, namely—

• (a) the cultivation contrary to section 17 of this Act of opium poppy or any plant of the genus Cannabis,

• (b) the preparation of opium for smoking,

• (c) the preparation of cannabis for smoking,

• (d) the smoking of cannabis, cannabis resin or prepared opium,

• (e) the manufacture, production or preparation of a controlled drug in contravention of regulations made under section 5 of this Act,

• (f) the importation or exportation of a controlled drug in contravention of such regulations,

• (g) the sale, supply or distribution of a controlled drug in contravention of such regulations,

• (h) any attempt so to contravene such regulations, or

• (i) the possession of a controlled drug in contravention of section 3 of this Act,

shall be guilty of an offence.

• (2) In any proceedings for an offence under subsection (1) of this section, where it is proved that an activity or contravention mentioned in the said subsection (1) took place on particular land or on a particular vehicle or vessel and that the defendant was, at the time of the alleged offence, the occupier of, or in control or concerned in the management of the land, vehicle or vessel, as the case may be, it shall be presumed until the court is satisfied to the contrary that the activity or contravention took place with the knowledge of the defendant.

20. Offences relating to acts outside the State.

20.—(1) Any person who aids, abets, counsels or induces the commission in a place outside the State of an offence punishable under a corresponding law in force in that place shall be guilty of an offence.

• (2) In this section “a corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside the State to be a law providing for the control or regulation in that country of the manufacture, production, supply, use, exportation or importation of dangerous or otherwise harmful drugs in pursuance of any treaty, convention, protocol or other agreement between states and prepared or implemented by, or under the auspices of, the League of Nations or the United Nations Organisation and which for the time being is in force.

• (3) Any statement in a certificate mentioned in subsection (2) of this section as to the effect of the law mentioned in the certificate or any such statement that any facts constitute an offence against the law so mentioned shall, for the purposes of any proceedings under this Act, be evidence of the matters stated.

21. Attempts etc. and miscellaneous other offences.

21.—(1) A person who attempts to commit an offence under this Act, or who aids, abets, counsels or procures the commission of an offence under this Act, or who solicits or incites any other person to commit an offence under this Act shall be guilty of an offence.

• (2) Any person who, whether by act or omission, contravenes or fails to comply with regulations under this Act shall be guilty of an offence.

• (3) A person who, in purported compliance with any obligation to give information to which he is subject by virtue of regulations made under this Act, gives any information which he knows to be false in a material particular or recklessly gives information which is so false shall be guilty of an offence.

• (4) Any person who by act or omission impedes or obstructs a member of the Garda Síochána or a person duly authorised under this Act in the lawful exercise of a power conferred by this Act shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.

• (5) Any person who conceals from a person lawfully exercising a power under section 24 of this Act any controlled drug, or who without reasonable excuse fails to produce any book, record or other document which he has been duly required to produce under that section, shall be guilty of an offence.

• (6) Any person who contravenes a condition attached to a licence, permit or authorisation granted or issued by the Minister under this Act (other than section 24) or under regulations made under this Act shall be guilty of an offence.

• (7) Any person who, for the purpose of obtaining, whether for himself or another, the grant, issue or renewal of a licence, permit or authorisation under this Act or under regulations made under this Act—

• (a) makes any statement or gives information which he knows to be false in a material particular or recklessly gives information which is so false, or

• (b) produces or otherwise makes use of any book, record or other document which to his knowledge contains any statement or information which he knows to be false in a material particular,

shall be guilty of an offence.

22. Onus of proof.

22.—(1) In any proceedings for an offence under this Act, it shall not be necessary to negative by evidence the existence of any—

• (a) order made under section 2 F37[or 3] of this Act,

• (b) licence, permit or authorisation under this Act,

and accordingly the onus of proving the existence of any such licence, permit or authorisation shall be on the person seeking to avail himself thereof.

• (2) In any proceedings for an offence under this Act it shall not be necessary for the prosecutor to prove that at the time of the offence—

• (a) a defendant was not a person to whom regulations made under section 4 of this Act applied,

• (b) a defendant was a person to whom an exception under regulations made under section 5 of this Act applied, and

in case a defendant claims that—

• (i) by virtue of the said section 4 he had lawfully in his possession a controlled drug,

• (ii) he is a person to whom such an exception applied,

the onus of proving such lawful possession, or that he is such a person, as may be appropriate, shall be on the defendant.

23. Power of Garda Síochána to search persons, vehicles, vessels or aircraft.

23.—(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant—

• (a) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

• (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found F38[(and any substance, article or other thing on or in the vehicle, vessel or aircraft)] and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

• (c) F38[examine (by opening or otherwise) and] seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

• F38[(1A) Where a member of the Garda Síochána decides to search a person under this section, he may require the person to accompany him to a Garda Station for the purpose of being so searched at that station.

• (1B) Where a member of the Garda Síochána decides to search a vehicle, vessel or aircraft under this section he may as regards the person who appears to him to be the owner or in control or charge for the time being of the vehicle, vessel or aircraft make any one or more or all of the following requirements:

• (a) require such person, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, as may be appropriate, any substance, article or other thing,

• (b) in case the decision relates to a vehicle and the place at which he finds the vehicle is in his reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he considers suitable for such search and which is specified by him,

• (c) require the person to be in or on or to accompany the vehicle, vessel or aircraft, as may be appropriate, for so long as the requirement under this paragraph remains in force.

• (1C) Where there is a failure to comply with a requirement made under this section the following provisions shall apply—

• (a) in case the requirement was made under subsection (1A) of this section, the member of the Garda Síochána concerned may arrest without warrant the person of whom the requirement was made, and

• (b) in case the requirement is a requirement mentioned in paragraph (b) of subsection (1B) of this section, such member may take the vehicle concerned, or cause it to be taken, to a place which he considers suitable for a search under this section.

• (1D) Where a requirement is made of a person under this section—

• (a) in case the requirement is a requirement mentioned in paragraph (c) of subsection (1B) of this section, if at any time while the requirement is in force the person of whom it was made is neither in nor on nor accompanying the vehicle, vessel or aircraft, as may be appropriate, in relation to which the requirement was made, he shall be guilty of an offence,

• (b) in case of any other requirement under this section the person who fails to comply with the requirement shall be guilty of an offence.

• (1E) A requirement mentioned in paragraph (c) of subsection (1B) of this section shall remain in force until the search in relation to which it is made is completed.

• (1F) Where a requirement described in paragraph (a) of subsection (1B) of this section is made of a person, the search in relation to which the requirement is made shall be carried out as soon as is practicable.]

• (2) Nothing in this section shall operate to prejudice any power to search, or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.

24. Powers to inspect and demand production of drugs, books or documents.

24.—(1) For the purpose of enforcing this Act and regulations made thereunder, a member of the Garda Síochána or a person authorised in F39[writing in that behalf by the Minister or the Irish Medicines Board] may at all reasonable times—

• (a) enter any building or other premises in which a person carries on business as a producer, manufacturer, seller or distributor of controlled drugs F40[or as a practitioner],

• (b) require any such person, or any person employed in connection with such a business, to produce any controlled drugs which are in his possession or under his control,

• (c) require any such person, or any person so employed, to produce any books, records or other documents F41[(including those containing any data that constitutes personal data)] which relate to transactions concerning controlled drugs and which are in his possession or under his control, and

• (d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section.

• F42[(2) For the purposes of enforcing this Act and any statutory instruments made thereunder, and without prejudice to the generality of subsection (1) of this section, a person authorised in writing in that behalf by the Council of the Pharmaceutical Society of Ireland may at all reasonable times—

• (a) enter any building or premises in which a person keeps open shop for the dispensing or compounding of medical prescriptions,

• (b) require any such person, or any person employed in connection with keeping such open shop for the dispensing or compounding of medical prescriptions, to produce any controlled drugs which are in his possession or under his control,

• (c) require any such person, or any person so employed, to produce any books, records or other documents F41[(including those containing any data that constitutes personal data)] which relate to transactions concerning controlled drugs and which are in his possession or under his control, and

• (d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section.

• (3) Where the Minister or the Irish Medicines Board authorises a person under subsection (1) of this section, then the Minister or the Irish Medicines Board, as the case may be, shall furnish the person with a warrant of his authorisation.

• (4) Where the Pharmaceutical Society of Ireland authorises a person under subsection (2) of this section, then it shall furnish the person with a warrant of his authorisation.

• (5) Where—

• (a) a person has been authorised by the Minister under subsection (1) of this section at any time before the commencement of this subsection,

• (b) the authorisation is still in force immediately before that commencement, and

• (c) either—

• (i) the person has, before that commencement, been issued with a certificate of his authorisation, or

• (ii) the person has not, before that commencement, been issued with a certificate of his authorisation,

then the Minister shall—

• (d) in a case falling within paragraph (c)(i) of this subsection, furnish the person with a warrant of his authorisation upon the surrender of his certificate of authorisation,

• (e) in a case falling within paragraph (c)(ii) of this subsection, as soon as reasonably practicable after that commencement, furnish the person with a warrant of his authorisation.

• (6) Where a person authorised under subsection (1) or (2) of this section—

• (a) claims to exercise a power by virtue of that authorisation, and

• (b) is required by a person in relation to whom the power is proposed to be exercised, to produce evidence of that authorisation,

then the person so authorised shall not exercise that power until he has produced the warrant of authorisation furnished under this section to the person in relation to whom the power is proposed to be exercised.

• (7) A certificate of authorisation referred to in subsection (5)(c)(i) of this section which has not been surrendered as referred to in subsection (5)(d) of this section shall be deemed to be a warrant of authorisation furnished under this section to the person to whom the certificate of authorisation was furnished, and subsection (6) of this section shall be construed accordingly.]

• F43[(8) In this section—

"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹³ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"personal data" means personal data within the meaning of—

• (a) the Data Protection Regulation, or

• (b) Part 5 of the Data Protection Act 2018.]

25. Power of arrest.

25.—(1) Where with reasonable cause a member of the Garda Síochána suspects that an offence under section 15 of this Act has been committed and so suspects a person of having committed the offence, he may arrest the person without warrant.

• (2) Where with reasonable cause a member of the Garda Síochána,

• (a) suspects that an offence under this Act, other than an offence under section 15, has been committed or attempted, and

• (b) suspects a person of having committed the offence or having made the attempt,

then if the member,

• (c) with reasonable cause suspects that the person unless he is arrested either will abscond for the purposes of evading justice or will obstruct the course of justice, or

• (d) having enquired of the person, has reasonable doubts as to the person's identity or place of abode, or

• (e) having enquired of the person, knows that the person does not ordinarily reside in the State, or has reasonable doubts as to whether the person so resides,

he may arrest the person without warrant.

26. Search warrants.

26.—(1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Síochána F44[or if, F45subject to the provisions of subsections (2) and (2A) of [section 8](https://www.irishstatutebook.ie/eli/1996/act/29/section/8) of the [Criminal Justice (Drug Trafficking) Act 1996], a member of the Garda Síochána not below the rank of superintendent is satisfied] that there is reasonable ground for suspecting that—

• (a) a person is in possession in contravention of this Act on any premises of a controlled drug, a forged prescription or a duly issued prescription which has been wrongfully altered and that such drug or prescription is on a particular premises F46[or other land], or

• F46[(aa) opium poppy, a plant of the genus Cannabis or a plant of the genus Erythroxylon is being cultivated contrary to section 17 of this Act on or in any premises or other land, or]

• (b) a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the State, an offence against a provision of a corresponding law within the meaning of section 20 of this Act and in force in that place, is in the possession of a person on any premises,

F47[such Justice, Commissioner or, as the case may be, member] may issue a search warrant mentioned in subsection (2) of this section.

• F48[(2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána and such other persons as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter (if need be by force) the premises or other land named in the warrant, to search such premises or other land and any persons found therein, to examine any substance, article or other thing found thereon or therein, to inspect any book, record or other document found thereon and, if there is reasonable ground for suspecting that an offence is being or has been committed under this Act in relation to a substance, article or other thing found on such premises or other land or that a document so found is a document mentioned in subsection (1) (b) of this section or is a record or other document which the member has reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under this Act, to seize and detain the substance, article, document or other thing, as the case may be.

• (3) Where any premises or other land is entered pursuant to a warrant issued under this section, the member of the Garda Síochána named in the warrant may do either or both of the following:

• (a) arrest without warrant any person or persons found on such premises or other land for the purpose of searching him or them,

• (b) so arrest any such person or persons and keep him or them, as may be appropriate, under arrest until such time as such of the powers of search or examination as he wishes to exercise pursuant to the warrant have been exercised by him.

• (4) In this section—

"land" includes any structure on land;

"structure" means building, structure or any other thing constructed, erected, placed or made on, in or under any land.]

27. Penalties.

27.— F49[(1) Subject to section 28 of this Act, every person guilty of an offence under section 3 of this Act shall be liable—

• (a) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use:

• (i) in the case of a first offence,

• (I) on summary conviction, to a fine not exceeding £300, or

• (II) on conviction on indictment, to a fine not exceeding £500,

• (ii) in the case of a second offence,

• (I) on summary conviction, to a fine not exceeding £400, or

• (II) on conviction on indictment, to a fine not exceeding £1,000,

• (iii) in the case of a third or subsequent offence,

• (I) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

• (II) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment;

• (b) in any other case—

• (i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

• (ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding seven years, or to both the fine and the imprisonment.

• (2) Subject to section 28 of this Act, every person guilty of an offence under section 6, 7, 16, 17, 19 or 20 of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

• (b) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.

• (3) Subject to section 28 of this Act, every person guilty of an offence under section 15 of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

• (b) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for life or such lesser period as the court shall determine, or, at such discretion, to both such fine and such lesser period of imprisonment.

• F50[(3A) Every person guilty of an offence under section 15A or 15B of this Act shall be liable, on conviction on indictment—

• (a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (3C) and (3D) of this section F51[…], and

• (b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

• (3B) The court, in imposing sentence on a person for an offence under section 15A or 15B of this Act, may, in particular, have regard to whether the person has a previous conviction for a drug trafficking offence.

• (3C) Where a person (other than a person under the age of 18 years) is convicted of an offence under section 15A or 15B of this Act, the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

• (3D)
• (a) The purpose of this subsection is to provide that in view of the harm caused to society by drug trafficking, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under section 15A or 15B of this Act, shall specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of the offence, it would be unjust in all the circumstances to do so.

• (b) Subsection (3C) of this section shall not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of the offence, which would make a sentence of not less than 10 years imprisonment unjust in all the circumstances and for that purpose the court may, subject to this subsection, have regard to any matters it considers appropriate, including—

• (i) whether that person pleaded guilty to the offence and, if so—

• (I) the stage at which he or she indicated the intention to plead guilty, and

• (II) the circumstances in which the indication was given,

and

• (ii) whether that person materially assisted in the investigation of the offence.

• (c) The court, in considering for the purposes of paragraph (b) of this subsection whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

• (i) whether the person convicted of the offence concerned was previously convicted of a drug trafficking offence, and

• (ii) whether the public interest in preventing drug trafficking would be served by the imposition of a lesser sentence.

• (3E) Subsections (3C) and (3D) of this section apply and have effect only in relation to a person convicted of a first offence under section 15A or 15B of this Act (other than a person who falls under paragraph (b) of subsection (3F) of this section), and accordingly references in those first-mentioned subsections to an offence under section 15A or 15B of this Act are to be construed as references to a first such offence.

• (3F) Where a person (other than a person under the age of 18 years)—

• (a) is convicted of a second or subsequent offence under section 15A or 15B of this Act, or

• (b) is convicted of a first offence under one of those sections and has been convicted under the other of those sections,

the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

• (3G) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised before the expiry of the minimum term specified by the court under subsection (3C) F51[…] of this section less any reduction of that term under subsection (3H) of this section.

• (3H) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed under subsection (3A) of this section and the minimum term specified by the court under subsection (3C) of this section shall be reduced by the amount of any remission so earned by the person.