Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 24: To ask the Minister for Justice and Law Reform the number of persons sentenced to terms of imprisonment during the years 2007, 2008, 2009 and to date in 2010 granted temporary release who have failed in each of those years to return to prison as required and who remain on the run; if he will detail the offences for which they were convicted; the length of sentences imposed and the steps being taken to locate those who have absconded. [35225/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The vast majority of the persons are classified at large because of a technical breach, i.e., failing to sign on at the prison at an allotted time having been granted temporary release. It is not possible without manually examining each and every case to provide information on the exact length of sentence being served or the date that each person went at large, however, the overwhelming majority of persons were nearing the end of their sentences. The Gardaí are informed where prisoners are unlawfully at large and have the power to detain, arrest and return such persons to prison. I can also advise the Deputy that ongoing contact takes place between the Gardaí and the Prison Service in relation to persons at large.

Four hundred and nine prisoners were classified as being at large at a date during this year. Additionally,135 prisoners currently classified at large date from 2009, 40 date from 2008 and six date from 2007. Experience has shown that most offenders who go at large do not remain so for very long and it is not therefore surprising that the majority of persons on this list went at large in the not too distant past. A breakdown of the offences concerned is appended below.Legislation granting temporary release to a person detained in an institution is provided for in section 2 of the Criminal Justice Act 1960 as substituted by section 1 of the Criminal Justice (Temporary Release of Prisoners) Act 2003 and as amended by section 110 of the Criminal Justice Act 2006. This legislation grants the Minister for Justice and Law Reform the power to make rules for the temporary release of persons serving a sentence of imprisonment and these regulations are currently set out in the Prisoners (Temporary Release) Rules 2004 (S.I. No. 680 of 2004).

Where a person serving a custodial sentence has been granted temporary release, that person is entitled to be at liberty, so long as they comply with the conditions of their temporary release.Section 6(1) of the Criminal Justice Act 1960 sets out the circumstances in which a person on temporary release may be regarded as a person unlawfully-at-large. The Act also provides that a breach of a condition automatically terminates temporary release and thereafter the person is deemed to be unlawfully-at-large. Section 7 of the 1960 Act provides that such a person unlawfully-at-large may be arrested without warrant by a member of the Garda Síochána where that member suspects the person to be unlawfully-at-large, and that member may take such person to the place in which he is required in accordance with law to be detained.

The offence breakdown is set out in the following table: -