asked the Minister for Justice if he consults with the relevant Garda officer and/or the justice or judge who imposed sentence before deciding to remit or reduce prison sentences or to order early release from prison.
Written Answers. - Prison Sentences.
94.
Limerick East): A distinction must be made between a decision to mitigate or remit a penalty under powers conferred by the Criminal Justice Act, 1951, and a decision to grant what is commonly called parole, under powers conferred by the Criminal Justice Act, 1960.
The power to mitigate or remit a penalty under the 1951 Act is exercised almost invariably on foot of a petition and is exercised only after consultation with the judge or district justice and with the Garda Síochána.
The granting of early release in the sense of parole is a different matter and it has never been the practice to consult the Judiciary — mainly because the issues involved have very little to do with those that concerned the court of trial. On the other hand, as a general rule, the Garda are consulted in those cases also, as well as those— including welfare staff—who have been dealing with the prisoner in prison. In fact, in many cases, it is as a result of a recommendation by a review committee representing the different disciplines in the prison that parole is granted.