Seanad debates

Wednesday, 8 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage.

 

Paragraph (b) provides that temporary release may not be granted if it is prohibited by existing or future statutory prohibitions on temporary release. Such statutory prohibitions exist, with a saver for grave reasons of a humanitarian nature, in section 5 of the Criminal Justice Act 1990 regarding persons convicted of treason or of certain murders and attempted murders, for example, the murder of a garda. Similarly, section 27 of the Misuse of Drugs Act 1977, as amended by section 5 of the Criminal Justice Act 1999, provides that temporary release cannot be granted to a person where the mandatory minimum penalty of ten years imprisonment for drug trafficking has been imposed under that section, except for grave reasons of a humanitarian nature. Paragraph (c) provides that temporary release may not be granted to prisoners serving sentence for one or more offences who are on remand for another offence or offences.

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