Written Answers. - Prisoner Releases.
Willie Penrose
Question:
476
Mr. Penrose
asked the
Minister for Justice, Equality and Law Reform
the rules and regulations governing compassionate release of prisoners for short periods of time (details supplied); and if he will make a statement on the matter.
[23306/03]
The Criminal Justice Act 1960, allows the Minister for Justice, Equality and Law Reform to make rules providing for the temporary release, subject to such conditions as may be imposed in each particular case, of persons serving either a sentence of imprisonment or of detention in St. Patrick's Institution.
The Prisoners (Temporary Release) Rules 1960, SI 167 1960, provide that the governor or other officer in charge for the time being of a prison or of St. Patrick's Institution may, subject to the directions of the Minister and subject to any exceptions which may be specified in directions of the Minister, release temporarily, for a specified period, a person serving a sentence of imprisonment in the prison or to detention in St. Patrick's Institution.
The granting of temporary release is a feature of prisons systems internationally and, as outlined above, has been operated under statute in this country since 1960. Similar temporary release rules have been brought into operation for places of detention which have opened under the Prisons Act 1970.
When assessing cases for a period of temporary release, factors such as the nature and gravity of the offence to which the sentence being served by the person relates and the period of the sentence served by the person are taken into account. Other factors included are the potential threat to the safety and security of the public should the person be released, the risk of the person failing to return to prison at the end of the period of temporary release, the conduct of the person while in custody or while previously on temporary release and the risk that the person might commit an offence during any period of temporary release.
In the majority of cases, temporary release is now granted for constructive and rehabilitative reasons. Compassionate temporary release is a concession granted to offenders from time to time, conditional to the offender meeting certain criteria. When an offender requests temporary release, for example to attend the funeral of a loved one, every effort is made to accommodate the request within the constraints imposed by the criteria mentioned above.
I assure Deputy Penrose that when making these decisions, careful consideration is given to all aspects of each case. Standard operating procedure in this situation is to grant temporary release to offenders who are deemed suitable and to provide escorted visits to the funeral home for offenders who are considered a security risk.
As the Deputy will appreciate, the nature of the offence can have a considerable bearing on the decision to grant temporary release or an escorted outing. It is also important to note that, in certain circumstances, the victim of a particular crime may also be a family member of the perpetrator, and the question of avoiding contact between perpetrator and victim would have to be taken into account. Equally, where the offender is considered a threat to the community, has a history of violent behaviour or has a substantial amount of his sentence to serve, it would not be prudent to grant unsupervised release. On an emotional occasion such as a family funeral, it is not generally considered appropriate or fair to either offenders, their families or escorting prison staff to put them in a situation where the offender is escorted by prison staff, possibly in handcuffs, and in the presence of a large number of people.
I stress that the overriding concern in considering applications for temporary release from prisoners is the safety of the public. When deciding the question of temporary release a balance must be found between the needs of prisoners to grieve and the security and well-being of the community. Unfortunately, it is not always possible to achieve this balance.
The Criminal Justice (Temporary Release of Prisoners) Bill 2001, Committee Stage of which will be taken in the Seanad on 15 October, aims to provide a clearer legislative basis for the power to grant temporary release by setting down the principles which will apply to the exercise of this power. The Bill proposes to amend section 2 of the Criminal Justice Act 1960, and will provide a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release.
