Dáil Éireann Debate, Wednesday - 30 September 2015
116. Deputy Clare Daly asked the Minister for Justice and Equality the criteria applied in considering the previous record of a person who has multiple previous convictions before a decision is made on releasing that person early from prison. [33573/15]
View answerThe legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
I can advise the Deputy that persons released early from the custody of the Irish Prison Service, including those subject to review by the Parole Board, are granted reviewable temporary release.
A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors including the previous convictions are taken into account when making a decision on whether to grant temporary release.
The person’s criminal record is only one of the criteria in the 2003 Act which are taken into account. Other criteria include:
- 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 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 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 is an important vehicle for re-integrating an offender into the community in a planned way.
Generally, temporary release assists in gradually preparing suitable offenders for their eventual release and in administering short sentences. It also acts as an incentive to prisoners in relation to, for example, good behaviour.
Any potential risk to the community by the release of an offender, particularly if they are serving a long sentence, is lessened by their earlier planned releases which serve to gradually reintegrate them into society.
Each application for temporary release is examined on its own merits and the safety of the public is paramount when decisions are made. All releases are subject to conditions, which in the vast majority of cases includes a requirement to report on a daily basis to the offender's Garda Station. An offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release.
As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie).
