Written answers

Tuesday, 7 October 2014

Department of Justice and Equality

Sentencing Policy

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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285. To ask the Minister for Justice and Equality the measures that will be put in place to ensure convicted killers and violent offenders, especially those considered likely to re-offend, serve their full prison sentence instead of being granted enhanced remission; and if she will make a statement on the matter. [37896/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The granting of remission is a feature of many prison systems worldwide and has been a feature of the Irish criminal justice system since the foundation of the State. The Courts are aware of the statutory entitlement to remission when passing sentence.It should be noted that persons sentenced to life imprisonment for murder are not entitled to remission.

The Prison Rules 2007 provided, in addition to the standard rate of remission of one-quarter of sentence, for the possibility of enhanced remission of up to one-third of sentence where a prisoner engages in authorised structured activity intended to increase the likelihood that the prisoner, when released from prison, will be less likely to re-offend or better able to re-integrate into the community. The Prison Rules were amended in August of this year to clarify the factors which may be taken into account when considering whether or not to grant a prisoner an enhanced rate of remission. These include the nature and gravity of the offence, the period of the sentence served, the potential threat to public safety, the views, where relevant, of An Garda Síochána, and of course the prisoner's conduct as well as his or her engagement with authorised structured activities.I am strongly of the view that greater remission must be earned and the central consideration when deciding whether or not to grant enhanced remission is the extent to which prisoners are less likely to re-offend and better able to reintegrate into society.

As I indicated recently when publishing the Penal Policy Review Group Report I have no plans to increase the standard rate of remission beyond one-quarter of sentence. I have, however, asked my officials to examine further the potential for increased use of earned remission.

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