Written answers

Tuesday, 29 January 2013

Department of Justice and Equality

Temporary Release of Prisoners

Photo of John HalliganJohn Halligan (Waterford, Independent)
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To ask the Minister for Justice and Equality in view of the fact that the number of prisoners being granted Christmas temporary release has increased from 107 in 2008 to 226 in 2012, if he will clarify of the 226 prisoners granted varying periods of temporary release for the Christmas period December, 2012 under the Criminal Justice Act, 1960 the number of these prisoners serving their sentences in high security institutions; the number of these prisoners convicted of serious crimes such as murder; attempted murder; rape; aggravated sexual assault; assault; armed robbery and so on; if he will further clarify how far into the serving of their sentences were these prisoners; the criteria taken into consideration in determining if a prisoner should qualify for temporary release; whether the victims and the families of the victims of these crimes notified of the temporary release; the cost to the State when these prisoners fail to return after Christmas temporary release; and if he will make a statement on the matter. [4256/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that 226 prisoners were granted temporary release for Christmas 2012 under the Criminal Justice Act 1960. This figure represented approximately 4% of the overall prisoner population. The Prison estate consists of 1 high security prison, Portlaoise Prison, and a total of 12 prisoners were granted Christmas temporary release from this institution. In general the periods of release varied from a few hours (in some cases accompanied by another responsible person) up to 7 nights. All releases were subject to stringent conditions and any offender who breaks these conditions may be arrested and returned immediately to prison by the Gardaí.

The table below outlines that nature of offences committed by those prisoners who were granted Christmas temporary release.

Offence Group
Total number of prisoners
Homicide Offences
26
Controlled Drug Offences
59
Weapons and Explosives
10
Damage to property and environment
6
Public order and social code
3
Road and traffic offences
5
Government, Justice and Organised Crime offences
5
Offences not elsewhere classified
1
Sexual Offences
2
Attempts/Threats to murder
24
Dangerous negligent acts
10
Robbery, extortion and hijacking offences
9
Burglary and related offences
15
Theft and related offences
35
Fraud, deception and related offences
16
Overall total
226
* In 2010 the Irish Prison Service recategorised the offence groups under which prisoners’ convictions are recorded. Statistics are now compiled using the same groups as those used by An Garda Síochána, the Central Statistics Office, the Courts Service and the Probation Service.

The majority of prisoners released were nearing the end of their sentences and the overriding concern when considering the applications is the safety of the public. In addition to compassionate and humane considerations, other criteria taken into account included the nature and gravity of the offence, prior record on temporary release, behaviour while in custody and previous criminal history.

The majority of prisoners released were participating in Incentivised Regime at the enhanced level. These incentivised regimes enable prisoners to progress through the system, in a way that helps them prepare for their eventual reintegration into society. This involves engaging with the services and partaking in training and educational programmes. The Incentivised Regimes Policy provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The Victim Liaison Officer of the Irish Prison Service informs all registered victims when any form of temporary release if being granted to a prisoner. Where prisoners granted temporary release fail to return, the details are passed to An Garda Síochána. However, I can advise the Deputy that all 226 prisoners returned to custody after their respective periods of temporary release.

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