asked the Minister for Justice if he will make a statement in regard to a newspaper report (details supplied) concerning a prison escape and deal with in particular (a) whether any prosecutions were brought arising out of the escape and (b) if a person who has escaped from prison is given credit for that period of his sentence while on the run after a prison escape.
Ceisteanna—Questions. Oral Answers. - Prison Escape.
13.
I am informed that none of the recaptured prisoners was prosecuted for his part in the escape. The Deputy will understand that I am not responsible for decisions to prosecute or not to prosecute and I cannot undertake to discuss the decision taken in the case in question. All I can say is that I understand that difficulties of a technical nature, which related to the formal proofs that would have to be produced in court, influenced the decision of the Director of Public Prosecutions. I should add that, while such difficulties can arise, they do not apply to escapees generally.
I am advised that the currency of a sentence of penal servitude is not interrupted if the prisoner is at large. This is a weakness in the law which has been recognised for a number of years and which will I hope be rectified when a suitable opportunity presents itself.
Are we to understand that a prisoner at large is regarded as serving his term of imprisonment?
Yes. There is a difficulty in that area.
In other words, a prisoner serving life could spend his time in Butlin's Holiday Camp, for instance?
There is a loophole in this regard. This loophole has been recognised for some time but up to now nothing has been done about it. I should hope that in the event of our making any progress in terms of the possibility of a new Criminal Law Bill we might be able to cater for this situation.