Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - Prisoner Releases.

Ivan Yates

Question:

38 Mr. Yates asked the Minister for Justice, Equality and Law Reform if day or temporary release has been granted to a person (details supplied); the circumstances which resulted in any temporary or day release being granted to this person; if he is alleged to have committed any further offences when on release; if any prosecutions are pending; and if the parents of a person (details supplied) were informed in advance of his release. [3250/01]

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

The prisoner referred to is serving a sentence in Castlerea Prison since 16 February 1999 and is due for release on 14 February 2002. He was originally sentenced to five years' imprisonment but this was reduced by the Court of Criminal Appeal to a sentence of four years' imprisonment.

It is long standing policy not to comment on the sentence management details of any individual prisoner and I do not propose to make an exception in this case. However, in this particular case there is no question of early release and the individual concerned is due to serve the full sentence imposed by the court. Without going into details, I can inform the Deputy that, in common with other offenders committed for the same offence, a sentence management programme was approved for this offender in August last year. This includes short periods of temporary release which are subject to strict conditions, particularly a prohibition on returning to his home area. This condition is imposed expressly in view of the distress that encountering him would cause the victim's family. In addition, his case in subject to regular review and his progress is constantly monitored. I should point out that all offenders are subject to conditions while on temporary release. If any of these conditions are breached the gardaí can immediately return the offender to prison and the temporary release programme is automatically terminated. To date, the prison authorities have received no complaints in relation to the offender's behaviour while on temporary release. Furthermore, the Director General of the Prisons Service has had inquiries made in recent days with the gardaí who have confirmed that he has not come to their attention while on temporary release. All his periods of temporary release were to a location over 20 miles from the residence of the victim's family. No charges are pending in relation to this prisoner according to the information available to the prison authorities who have checked into this with local gardaí.

The sensitivities and concerns of victims of crime are carefully considered during the sentence management process. Sometimes conflicting factors such as the rehabilitation of offenders and their reintegration into the community must also be considered and a balance struck. The generally accepted view is that the risk to the community would be greater, in certain cases, if attempts at planned reintegration of offenders were not made. Where appropriate, structured temporary release programmes for re-socialisation purposes and to allow the reintegration of offenders into the community are put in place.

In any individual case where a victim's family makes known their views these are always taken into account. In this case the victim's family made known their concerns to the prison authorities at an early stage and this was taken into account in managing the sentence. While the victim's family were not informed in advance of temporary releases up to now, I can inform the House that procedures are being put in place whereby, if they so wish, they will be informed prior to any future period of temporary release for this offender.

Question No. 39 answered with Question No. 30.