Seanad debates

Wednesday, 22 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Report and Final Stages.

 

The other considerations which the Minister must take into account include the person's previous criminal record, the conduct of the person while in custody or while previously on temporary release, the nature and gravity of the offence, which also directly relates to the victim, the sentence of imprisonment and any recommendations of the court. There is a clear set of guidelines set out for the Minister in subsection (2). The amendment tabled by the Senator Tuffy takes somewhat from that clarity. The protection of the public generally as well as the victim of the offence is written into legislation and a clear set of guidelines are outlined to the Minister in the legislation beginning with the nature and gravity of the offence. The victim in this context is a victim who has seen his or her offender punished with a sentence of imprisonment by the courts. It is important to bear that in mind when we consider the context of this legislation.

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