Vol. 462 No. 5
195 Mr. O'Malley asked the Minister for Justice the plans, if any, she has to rearrest subversive prisoners who have been released since 1 September 1994 on early or temporary release, consequent on the IRA ceasefire, to serve out the balance of their sentences in view of the cessation of the ceasefire. [4883/96]
The question of rearresting any offender granted early release, whether under the provision of the Offences Against The State Act, 1939, or the Criminal Justice Act, 1960, would depend on the conduct of the individual concerned.
The question of rearrest would arise if, for example, the individual concerned had already breached his or her conditions of release or there were real grounds for believing that the offender was engaged in activity which was such as to suggest that his or her continued release posed a threat to the community. Rearrest for breach of a condition imposed at the time of release could not of course arise where the original sentence period had expired. In that event, the question of arrest would fall to be determined by reference to the gravity or otherwise of the new offence, rather than the fact that an (expired) condition had been breached.
