Written answers

Wednesday, 18 April 2012

Department of Justice, Equality and Defence

Prisoner Statistics

10:00 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Question 1004: To ask the Minister for Justice and Equality if any prisoners convicted of homicide related offences have absconded and have voluntarily returned or were returned from low security or open prisons; the criteria for transferring such prisoners to low security institutions at any given point in their sentence; and if he will make a statement on the matter. [18734/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have been informed by the Irish Prison Service that it is not possible to provide specific information on the number of prisoners convicted of homicide offences who have absconded from open centres and who have returned voluntarily or were returned.

However, I can advise the Deputy that there are currently 3 prisoners who were serving sentences for homicide offences who are unlawfully at large having absconded from an open centre. Two prisoners were serving sentences for dangerous driving causing death and have been unlawfully at large since 24 November 2004 and 14 June 2010 respectively. The third prisoner, who was serving a sentence for manslaughter, endangerment and dangerous driving causing death, absconded on 15 March 2012. He was arrested by the PSNI and is currently serving a sentence in Northern Ireland. He will be subject to a European Arrest Warrant in due course.

Prisoners being considered for a transfer to an Open Centre 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 the Minister 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 a transfer to an Open Centre even if the recommendation is to that effect.

The criteria considered for the transfer of prisoners from closed prisons to open centres includes:

· the safety of the public (specifically flight risk)

· compassionate and humane considerations (including facilitating family visits)

· nature and gravity of the offence

· length of sentence served to date

· length of sentence left to serve

· prior record on temporary release

· behaviour in prison

· previous criminal history

· family support

· addiction issues/history

· prisoner's home address

Prisoners serving short sentences, i.e., under 12 months, can be moved to an open centre shortly after committal. Other longer term prisoners being prepared for transition back into the community can be considered for moves with about 2 years left in their sentence. Exceptional prisoners who are engaging strongly with the therapeutic services can sometimes be considered for a transfer with up to 4 years left to serve in their sentence. Those convicted of offences resulting in the loss of life are not precluded for consideration and have frequently been transferred to Open Centres in the past. In some cases, these prisoners were serving life sentences.

The Deputy may wish to note that new procedures have been put in place to ensure that where consideration is being given to the transfer of a prisoner serving a sentence for a homicide offence to an Open Centre, that decision must be made by the Director General of the Irish Prison Service.

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