Written answers

Thursday, 13 December 2007

Department of Justice, Equality and Law Reform

Sentencing Policy

5:00 pm

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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Question 80: To ask the Minister for Justice, Equality and Law Reform the percentage of prisoners who serve their full sentences; if he will examine the practice of automatic remission in the criminal justice system; and if he will make a statement on the matter. [34503/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The following categories of prisoner are not eligible to earn remission of sentence: Life sentence prisoners; Persons convicted of debtor offences; Persons convicted of contempt of court; Persons being held on remand warrants; Persons serving a sentence of less than one month

An analysis of the prisoner population for 10 December, 2007, shows that of the overall figure for those in custody of 3,526, the categories of prisoner aforementioned accounted for 894(25%) of this total. This is broken down as follows:

CategoryNumber
Life Sentence Prisoners240
Debtors15
Contempt of Court2
Remand prisoners615
Persons serving a sentence of less than one month22

It has been the law for over 50 years that eligible prisoners may earn 25% remission of sentence for good conduct and almost every eligible sentenced prisoner would earn such remission. The courts are aware of this provision when determining what sentence to impose.

Persons sentenced to life imprisonment continue to be bound by the sentence for the rest of their natural life. Depending on a number of factors, most importantly public safety, and after they have served a lengthy period of imprisonment life sentenced prisoners may be allowed serve part of their sentence in the community on temporary release and subject to conditions.

The programme for Government envisages a close link between rehabilitation and remission. Provision has recently been made whereby prisoners may be granted additional remission, bringing total remission to up to one third of their sentence, where the prisoners in question have shown further good conduct by engaging in structured activity that is likely to reduce the risk of re-offending and make them better able to reintegrate into the community.

My officials have kept track of developments in remission and parole in other jurisdictions and I know that the Council of Europe has also studied the matter. Each system has advantages and disadvantages but there is no one approach accepted as best practice. I will continue to keep the position under review.

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