Michael Ring
Ceist:169 Mr. Ring asked the Minister for Justice, Equality and Law Reform the authority, if any, he has in ensuring that a person serves the prison sentence imposed. [6837/98]
Written Answers. - Prison Sentences.
The Deputy may be aware that most terms of imprisonment are subject to remission as provided for in the 1947 rules for the government of prisons. Remission of sentence does not apply, however, in the case of persons convicted of murder or capital murder. The standard remission rate is 25 per cent of the total sentence which in practice means that a person who is sentenced, say, to four years imprisonment is, generally speaking, liable to serve a maximum of three years. This standard remission rate is known to sentencing judges and has always been considered necessary as an incentive to good behaviour in prison — remission can be lost in whole or in part where a prisoner fails to behave.
The governor of a prison or place of detention may hold a person in custody only if there is a valid committal warrant in being. In this regard the Deputy will appreciate that sentenced offenders may be released by the courts before the expiry of a sentence for a number of reasons, for example, as a result of a review, on bail pending the hearing of an appeal or on appeal. In addition to the obligation to release prisoners on completion of sentence or on foot of a court order, I as Minister have the statutory power to grant temporary release to prisoners under the Criminal Justice Act, 1960. Temporary release may be granted for a range of periods up to final release and for a variety of reasons, for example, for resocialisation or for humanitarian purposes. There is, however, no obligation to grant early or temporary release and a prisoner may be, and many are, kept in custody until the last day of his or her sentence.