The granting of sentence remission is a feature of many prison systems worldwide and has been a feature of the Irish criminal justice system since the foundation of the State. The Courts are aware of the statutory entitlement to remission when passing sentence.
Section 59 (2) of the Prison Rules, 2007 allows for the discretionary granting of additional remission, up to one third as opposed to the standard rate of one quarter, where a prisoner has shown further good conduct through his engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.
This additional concession will only be awarded in exceptional cases and where I am satisfied beyond any doubt that the prisoner concerned has demonstrated that she/he meets the requirements as set out in the Prison Rules. I should also point to the fact that despite this additional opportunity to earn additional remission our remission rates are significantly below those currently operating in the UK and Northern Ireland where rates of 50% are in place.
While there have been a number of applications for extra remission to date one prisoner has been granted this concession. It is not possible to provide the exact number of applications as each case is dealt with on an individual basis and this would require the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.
The discretionary granting of additional remission, as opposed to the standard rate of one quarter, will be considered where a prisoner has shown the following:
(i) to have displayed good industry in prison and continue to be of good conduct
(ii) to display willingness to seek employment through education/course work whilst in prison to enhance their chances of gaining employment upon release;
(iii) through engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.
An essential part of the criteria for rewarding one third remission is that applicants engage in offence focused work which in turn should lead to a reduced risk of re-offending.
In September, 2012 I appointed a group to carry out a Strategic Review of Penal Policy. This group are currently examining all aspects of penal policy including prevention, sentencing policies, alternatives to custody, accommodation and regimes, support for reintegration and rehabilitation and the issue of female prisoners. The general issue of remission, including its use in the context of sexual and violent offenders, will fall within the remit of that review and I will await their recommendations before making any decision on this matter.
