Prison Service

Dáil Éireann Debate, Tuesday - 26 July 2022

Tuesday, 26 July 2022

Questions (1551)

Patrick Costello

Question:

1551. Deputy Patrick Costello asked the Minister for Justice when information requested (details supplied) will be made available. [40211/22]

Written answers

Minister for Justice

I refer to your recent Parliamentary Question Numbers 571 to 575 for written answer on 31 May 2022 which sought information in relation to the recent reviews of sentence calculation in the Irish Prison Service. At the time the detailed information you required was not readily available and my officials in the Prison Service undertook to gather the data and revert to you as soon as it was to hand. I can advise that the information has been gathered and collated and is set out in the following tables (there have been a number of phases to the sentence calculation review and each is documented separately below).

In December 2020, information came to light that a prisoner was released 14 months early because of a miscalculation of his release date and this early release was the subject of adverse media coverage in January 2021. When it became clear that the release date had been miscalculated, the prisoner in question was returned to custody and the IPS were directed to report on the incident and review its practices. The purpose of the review was to provide assurance on the accuracy of sentence calculation for those in custody.

The Deputy will appreciate that the calculation of sentences can be a highly complex and technical process, especially when some prisoners have multiple warrants, with different sentence start dates and also taking account of credit for time served on remand. It is important to note that not all sentences that were recalculated were as a result of errors or misinterpretations, but some were as a result of a legal judgment which resulted in a change to sentence calculation policy.

A total 3,943 prisoner sentences were reviewed during the period February 2021 to July 2021 and the Prison Service has advised that there were 48 sentences which were altered as a result of the first review of sentences. The breakdown by prison is set out in Table 1.

Table 1 – Phase 1 Alteration of Sentences by Prison.

Prison	Sentence Increased	Sentenced Decreased
Castlerea	3	4
Dóchas	3	1
Limerick	2	2
Mountjoy	6	5
Portlaoise	0	1
Wheatfield	9	12
Total	23	25

In addition, a more detailed review of sentences conducted in July 2021 focused on credit for time served on remand identified a further 83 cases whereby sentences were altered following review. The breakdown by prison is set out in Table 2 below.

Table 2 - Phase 2 Alteration of Sentences by Prison

Prison	Sentence Increased	Sentenced Decreased
Arbour Hill	2	0
Castlerea	30	1
Cork	1	1
Limerick	1	1
Loughan	2	0
Mountjoy	13	1
Midlands	9	1
Portlaoise	4	0
Cloverhill	1	0
Shelton Abbey	0	0
Wheatfield	14	1
Total	77	6

I am advised that one prisoner took a Judicial Review in the High Court with regard to the recalculation of his sentence. The application was not successful in the High Court but was successfully appealed in the Court of Appeal.

Following the Appeal Court ruling heard in October 2021, the Prison Service were required to amend the Sentence Calculation Policy with regard to the application of "Credit Days” in consultation with the office of the Attorney General.

There have been no other legal challenges to sentence calculation arising from the review. Following the revision of the Prison Service Sentence Calculation Policy on foot of the judgment of the Court of Appeal, the Service carried out a further review of sentences that could have been impacted by the judgment. As a result, 54 sentences were identified and were altered taking account of the ruling of the Court of Appeal. Details of these cases are set out in Table 3. All cases resulted in the sentence length being reduced and five prisoners were released immediately (Table 4).

Table 3 - Alteration of sentences following court of Appeal Judgement.

Prison	Count
Castlerea Prison	14
Cork Prison	3
Limerick Prison	1
Midlands	9
Mountjoy Prison	10
Portlaoise Prison	4
Wheatfield Prison	13
Total	54

Table 4–Immediate Releases from custody following Court of Appeal Judgement.

Prison	Count
Castlerea	1
Midlands	1
Mountjoy	3
Total	5

Finally, I can inform the Deputy that the arrangements are being finalised for the management of the external review referred to previously and further information will be available in this regard in the near future.

Question No. 1552 answered with Question No. 1542.

Question No. 1553 answered with Question No. 1542.