Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context

Question 330: To ask the Minister for Justice, Equality and Law Reform the criteria by which a prisoner is selected for temporary release; the usual category of offender granted temporary release; the average length of temporary release granted to prisoners; and if he will make a statement on the matter. [38468/08]

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

The temporary release of prisoners is provided for in legislation by virtue of the Criminal Justice Act, 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act, 2003. The Act provides that the Minister for Justice may direct the temporary release of a person in certain circumstances and these are:

For the purpose of assessing the person's ability to reintegrate into society;

For the purpose of preparing the person for release on the expiration of his sentence;

For the purpose of assisting the Garda Síochána in the prevention, detection or investigation of offences, or the apprehension of a person guilty or suspected of those offences;

On grounds of health or other humanitarian grounds;

Where it is necessary to ensure the good governance of prisons or maintain good order, humane and just management of a prison;

Where the Minister is of the view that the person has been rehabilitated and is capable of reintegrating into society.

Temporary release is a feature of prison systems worldwide. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a regular basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí.

Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession.

Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account including:

the nature and gravity of the offence to which the sentence being served by the person relates

the sentence concerned and any recommendation made by the Court in relation to the sentence imposed

the period of the sentence served by the person

the potential threat to the safety and security of the public should the person be released

the person's previous criminal record

the risk of the person failing to return to prison at the expiration of the period of temporary release

the conduct of the person while in custody or while previously on temporary release

any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release

the risk that the person might commit an offence during any period of temporary release

the risk of the person failing to comply with any of the conditions of temporary release

the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment

The Courts have determined that, with the exception of debtors or those serving a sentence for contempt of court, no category of sentenced prisoner can be excluded from being considered for temporary release. The periods of temporary release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months in the case of a life sentence prisoner who has been released into the community a considerable time ago.

Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context

Question 331: To ask the Minister for Justice, Equality and Law Reform the number of prisoners since the beginning of 2008 who have been committed to Cork prison on terms of longer than three months who have been given temporary release; the number of prisoners who have been transferred to Shelton Abbey open prison before being given temporary release; the number of prisoners who have re-offended while on temporary release; the sanctions imposed on a prisoner who re-offends while on temporary release; and if he will make a statement on the matter. [38469/08]

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

I wish to inform the Deputy that it has not been possible to compile the detailed information requested in the time available. However, a comprehensive response is being prepared and will be forwarded to the Deputy as soon as possible.