Written answers

Wednesday, 30 June 2010

Department of Justice, Equality and Law Reform

Prisoner Releases

9:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 53: To ask the Minister for Justice, Equality and Law Reform the criteria used to determine which prisoners are selected for temporary release as a result of prison overcrowding; and if he will make a statement on the matter. [28341/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that the Minister may approve the temporary release of a sentenced prisoner and establishes the criteria to be applied. This discretionary instrument assists in gradually preparing suitable offenders for release, in administering short sentences, in addressing humanitarian issues and can be an incentive to well-behaved prisoners. It should be noted that a prisoner on temporary release is still subject to his or her sentence and may be returned to prison without any court intervention.

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.

Temporary release arrangements are 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.

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