Seanad debates
Wednesday, 15 October 2003
Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage.
I do not accept that in refusing to accept this amendment there is any suggestion that this is rebalancing the rights of the criminal and the victim. The person we are talking about is not the criminal facing conviction, but a prisoner serving a sentence. It is important to note that the first factor set out in subsection (2) is the "nature and gravity of the offence to which the sentence of imprisonment being served by the person relates". That directly relates to the punishment of the offender for the wrong done to the victim. That is placed uttermost in the Minister's mind by this Bill. The "nature and gravity of the offence" is the first consideration listed. It must be a factor taken into account in an objective sense by the Minister when arriving at an opinion to direct a temporary release.
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