Dáil Éireann Debate, Tuesday - 10 November 2020
647. Deputy Peadar Tóibín asked the Minister for Justice the practice in relation to persons released prematurely from prison having been convicted of an assault causing grievous bodily harm; and if the victim of the assault is ordinarily notified of the release and offered victim protection. [35428/20]
View answerThe Deputy will wish to note that the legislative basis for temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. All applications for temporary release are assessed by the Irish Prison Service on a case-by-case basis. There is no practice to release people prematurely as stated by the Deputy.
It is important to note that the safety of the public is paramount when those decisions are made. Before a final determination is made a number of factors are 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 person's previous criminal record
- the potential threat to the safety and security of the public should the person be released
- 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
All temporary releases are subject to conditions and any 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 temporary release.
I am very conscious of the harmful, potentially devastating, consequences of crime on victims and I acknowledge that the impact of crime on victims varies in nature and force. While it is appropriate that the sensitivities and concerns of victims of crime should be carefully considered, other factors, such as the rehabilitation of offenders and their reintegration back into the community, must also be considered and a balance struck.
The Deputy will wish to be aware that the Irish Prison Service provide a Victim Liaison Service to keep victims of crime informed of significant developments in the sentence management of an offender’s sentence. Significant developments may include the following: inter-prison transfers; Parole Board hearings and decisions arising out of this process; temporary releases and expected release dates. Where victims make their views known to the Irish Prison Service, they are always taken into account when making sentence management decisions, such as granting temporary release.
It is important to note that the Irish Prison Service does not receive information on the victim of a particular crime when a prisoner is committed to custody by the Courts. The Victim Liaison Service is a voluntary service and victims may register with the Service if they wish to be advised of the significant developments in a prisoner’s sentence as outlined above. Information and contact details in relation to the Victim Liaison Service are available on the Irish Prison Service website at www.irishprisons.ie.
