Dáil Éireann Debate, Tuesday - 23 April 2024
443. Deputy Patrick Costello asked the Minister for Justice the number of prisoners being put forward for early or temporary release in the past 12 months, but who were not released due to the fact early probation supervision is not available for them in the community. [17688/24]
View answerThe legislative basis for temporary release is 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 on a case-by-case basis. It is important to note that the safety of the public is paramount when decisions on temporary release are being 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 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 anyone who breaches his or her conditions may be refused a further period of temporary release.
I am advised by my officials in the Irish Prison Service that there was only one case in the past 12 months where a prisoner was not initially granted temporary release due to the fact early probation supervision was not available for them in the community. It is important to note that there were other factors considered in the decision to refuse temporary release to this individual at the time and the availability of Probation Service supervision in the community is only one factor which is taken into account when a prisoner applies for temporary release.
I am further advised that the Probation Service will always endeavour to meet requests for supervised temporary release made by the Irish Prison Service and regularly reviews its caseload capacity in an effort to meet such requests.
