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Prisoner Releases

Dáil Éireann Debate, Wednesday - 24 October 2012

Wednesday, 24 October 2012

Questions (202)

Bernard Durkan

Question:

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of requests for early, casual, day or other forms of release received by the prison authorities in each of the prisons throughout the country in each of the past two years to date in 2012; the number of such applications approved and or refused in each year; and if he will make a statement on the matter. [46805/12]

View answer

Written answers

The Deputy will be aware from my reply to question No 315 for written answer on 8th May 2012 that the information requested by him regarding the number of temporary release applications by prisoners for early, casual, day or other forms of release prior to March 2012 has not been readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.

However, I can inform the Deputy that the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date. This information is set out in the table attached. Any decisions which have been 'deferred' are awaiting further information to support the application. The figures regarding temporary release - AM/PM also include cases where they are accompanied by staff to appointments or are working on the grounds of a prison campus under supervision. It is not possible to breakdown this category into those under supervision and those out on temporary release unaccompanied.

The figures regarding temporary release - reviewable, include prisoners who have been granted reviewable temporary release and who return to the prison on a weekly basis for a new decision on a further week of temporary release. These would mostly account for the number of applications pending decision.

The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period,. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.

Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account including:

the nature and gravity of the offence to which the sentence being served by the person relates

the sentence concerned and any recommendation made by the Court in relation to the sentence imposed

the period of the sentence served by the person

the potential threat to the safety and security of the public should the person be released

the person's previous criminal record

the risk of the person failing to return to prison at the expiration of the period of temporary release

the conduct of the person while in custody or while previously on temporary release

any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release

the risk that the person might commit an offence during any period of temporary release

the risk of the person failing to comply with any of the conditions of temporary release

the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.

Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount when decisions are made.

In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or maybe refused another period of reviewable temporary release.

Temporary Release Application/Decisions by Establishment From 3rd March 2012 to 23rd October 2012 inclusive.

Establishment Name

TR Type

Total Applications

Approved

Rejected

Deferred

Pending Decision

Arbour Hill Prison

Temporary Release - AM-PM

134

81

49

0

4

Temporary Release - Date-Date

15

10

5

0

0

Temporary Release - Full TR

10

5

4

1

0

Temporary Release - Reviewable

20

18

0

0

2

179

114

58

1

6

Castlerea Prison

Temporary Release - AM-PM

92

48

37

1

6

Temporary Release - Date-Date

12

6

4

0

2

Temporary Release - Full TR

690

543

126

1

20

Temporary Release - Reviewable

900

685

185

3

27

1,694

1,282

352

5

55

Cloverhill Remand Prison

Temporary Release - AM-PM

92

30

57

0

5

Temporary Release - Date-Date

19

13

6

0

0

Temporary Release - Full TR

203

86

111

2

4

Temporary Release - Reviewable

427

168

247

0

12

741

297

421

2

21

Cork Prison

Temporary Release - AM-PM

44

26

17

0

1

Temporary Release - Date-Date

216

72

122

1

21

Temporary Release - Full TR

1,596

1,378

165

4

49

Temporary Release - Reviewable

2,929

1,933

874

7

115

4,785

3,409

1,178

12

186

Limerick Prison

Temporary Release - AM-PM

58

41

15

0

2

Temporary Release - Date-Date

124

67

41

2

14

Temporary Release - Full TR

1,564

1,422

114

0

28

Temporary Release - Reviewable

3,079

2,376

586

7

110

4,825

3,906

756

9

154

Loughan House Place Of Detn.

Temporary Release - AM-PM

831

743

74

0

14

Temporary Release - Date-Date

1,140

734

385

5

16

Temporary Release - Full TR

167

125

37

1

4

Temporary Release - Reviewable

729

556

135

6

32

2,867

2,158

631

12

66

Midlands Prison

Temporary Release - AM-PM

116

50

65

1

0

Temporary Release - Date-Date

14

7

6

1

0

Temporary Release - Full TR

751

684

53

1

13

Temporary Release - Reviewable

2,344

1,823

458

1

62

3,225

2,564

582

4

75

Establishment Name

TR Type

Total Applications

Approved

Rejected

Deferred

Pending Decision

Mountjoy Prison ( Female)

Temporary Release - AM-PM

233

157

68

1

7

Temporary Release - Date-Date

57

41

13

0

3

Temporary Release - Full TR

663

625

34

0

4

Temporary Release - Reviewable

2,340

1,882

402

2

54

3,293

2,705

517

3

68

Mountjoy Prison ( Male ) 

Temporary Release - AM-PM

789

209

559

4

17

Temporary Release - Date-Date

76

41

34

0

1

Temporary Release - Full TR

1,324

1,142

134

2

46

Temporary Release - Reviewable

6,386

4,971

1,217

4

194

8,575

6,363

1,944

10

258

Portlaoise Prison

Temporary Release - AM-PM

47

30

16

0

1

Temporary Release - Date-Date

85

69

16

0

0

Temporary Release - Full TR

54

34

17

1

2

Temporary Release - Reviewable

157

91

61

0

5

343

224

110

1

8

Shelton Abbey Place Of Detn.

Temporary Release - AM-PM

1,008

889

100

1

18

Temporary Release - Date-Date

861

517

319

0

25

Temporary Release - Full TR

34

19

14

0

1

Temporary Release - Reviewable

439

388

31

2

18

2,342

1,813

464

3

62

St. Patricks Institution

Temporary Release - AM-PM

30

11

17

1

1

Temporary Release - Date-Date

11

3

8

0

0

Temporary Release - Full TR

217

166

37

2

12

Temporary Release - Reviewable

772

519

233

5

15

1,030

699

295

8

28

Training Unit Place Of Detn.

Temporary Release - AM-PM

1,293

1,014

257

3

19

Temporary Release - Date-Date

402

293

100

1

8

Temporary Release - Full TR

49

39

9

0

1

Temporary Release - Reviewable

1,109

1,007

42

0

60

2,853

2,353

408

4

88

Wheatfield Prison

Temporary Release - AM-PM

121

58

57

1

5

Temporary Release - Date-Date

14

8

6

0

0

Temporary Release - Full TR

1,010

861

126

0

23

Temporary Release - Reviewable

2,089

1,574

455

2

58

3,234

2,501

644

3

86

Total

39,986

30,388

8,360

77

1,161

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