Written answers

Tuesday, 11 October 2016

Department of Justice and Equality

Prisoners Temporary Release

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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52. To ask the Minister for Justice and Equality the basis on which temporary release of prisoners is granted; the number of prisoners who have availed of temporary release in 2015; and if she will make a statement on the matter. [29834/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Prison Service that the legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. Temporary release is an important vehicle for re-integrating an offender into the community in a planned way.

Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release 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.

Details as to the number of prisoners who availed of temporary release in 2015 are in the process of being compiled and these will be provided directly to the Deputy in the next week.

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