Dáil Éireann debate -
Tuesday, 12 Oct 1999

Vol. 509 No. 1

Written Answers. - Prisoner Statistics.

Ivor Callely

Question:

302 Mr. Callely asked the Minister for Justice, Equality and Law Reform the total number of prisoners serving life sentences; the period of time which is considered a life sentence; the number of life sentence prisoners who have had their case reviewed; the number who have had releases granted; if he has satisfied himself with the criteria used for evaluation of such cases; and if he will make a statement on the matter. [19804/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

There are currently 105 life sentence prisoners in custody as of 8 October 1999. They have served various periods in prison ranging from individuals recently committed to one particular prisoner committed in 1964. Just under 40 of these prisoners have already served in excess of ten years in custody.

Life sentences are indeterminate sentences and no set period of time is considered a life sentence. Each case is dealt with on its own merits and the length of time spent in custody by offenders serving life sentences can vary substantially.

The sentence review group is a non statutory body established in 1989 to advise in relation to the administration of long-term prison sentences. All offenders who have served a term of seven years or more of a current sentence, including life sentences, but excluding offenders serving sentences for capital murder, may, if they so wish, apply to have their cases considered by the group. Between 1 January 1998 and 8 October 1999 39 life sentence prisoners had their cases reviewed by the group. Two of these prisoners, who I might add had been reviewed on a number of occasions, were subsequently released.

In total, 72 offenders who were committed on life sentences are currently on release in the community. The majority of these offenders served between nine years and 16 years in custody. In practice, most such offenders were granted renewable temporary release whereby, unless the

conditions of release are breached, there is no requirement to return to prison except to renew the temporary release at specified intervals. Offenders on renewable temporary release must be of good behaviour. Other conditions could include supervision by the probation and welfare service, reporting at regular intervals to a Garda station etc. Temporary release automatically ends if any conditions are breached in which event the individual concerned can automatically be returned to custody without warrant or without any court proceedings. There are currently seven such prisoners in custody who have been recom mitted following their failure to abide by the conditions of their release.

The criteria applied in reviewing the cases of life sentence prisoners includes the following – potential risk to the public; the seriousness of the offence committed; behaviour while in prison; the views of the Garda Síochána; compassionate grounds and recommendations by the sentence review group. The overriding concern when decisions are being made in individual cases is the safety of the public.