Table as follows:
|
Year
|
Number
|
Reasons(s)
|
|
2011
|
1
|
Failed to comply with Temporary Release conditions - did not return to prison on date specified on Temporary Release form and was subsequently unlawfully at large. Refused a further period of Reviewable Temporary Release because of the risk of not complying with temporary release conditions.
|
|
2012
|
1
|
Refused a further period of Reviewable Temporary Release because of the risk of not complying with temporary release conditions.
|
During the 2011 to 2012 period, two life sentenced prisoners were recalled to prison from temporary release.
In 2011, a life sentenced prisoner failed to report to the prison on the date which was specified as part of the conditions of this person's temporary release. The prisoner returned voluntarily to the prison at a later date and was not granted a further period of temporary release, i.e. they were taken back into custody.
In 2012, a life sentenced prisoner was not granted a further period of temporary release when he reported to the prison primarily because of his non cooperation with Probation Service supervision and due to the fact that he was not of good behaviour when he was convicted of a minor offence . The legality of his detention was later challenged in an Article 40 Habeus Corpus case in the High court. He was subsequently granted a short period of temporary release with specific conditions which he failed to comply with and was taken back into custody.
I can advise the Deputy that life sentenced prisoners who are released into the community continue to serve their sentences, subject to a number of stringent conditions. While in the community, a life sentenced prisoner will be on Reviewable Temporary Release under the supervision of the Probation Service. Reviewable Temporary Release is where a prisoner is granted a specific period of temporary release from prison. This can be at varying intervals, for example, weekly, monthly or annually. The period of release is reviewed when the prisoner returns to prison and a decision is made whether to refuse or grant a further period of Reviewable Temporary Release.
The Probation Service provide Progress Reports to the Irish Prison Service outlining resettlement and reintegration progress and will report on any risk management concerns a Life Sentenced prisoner may present. Where it is reported to the Irish Prison Service that the prisoner in the community is failing to abide by the conditions of their release, that person may be refused a further period of temporary release and be taken back into custody.
An Garda Síochána may return a prisoner to prison where they are of the view that the prisoner is in breach of their temporary release conditions. When this happens, the Governor will conduct an oral hearing into the allegation. If the Governor is satisfied, taking into account evidence presented and comments made, that a breach of temporary release conditions has occurred the prisoner should be notified accordingly. The Reviewable Temporary Release is then revoked and the prisoner is taken back into custody.
