Update: Early Release Prisoners – Justice & Equality 24th September, 2014

QUESTION NOS:  107 & 108
DÁIL QUESTIONS addressed to the Minister for Justice and Equality (Ms. Fitzgerald)
by Deputy Bernard J. Durkan
for WRITTEN on Wednesday, 24th September, 2014. 

 *  107.  To ask the Minister for Justice and Equality the number of prisoners granted early release in each of the past five years to date; and if she will make a statement on the matter.

                                                           – Bernard J. Durkan

*  108.  To ask the Minister for Justice and Equality the number of long term prisoners to receive early release/compassionate leave in each of the past five years to date; and if she will make a statement on the matter.

                                                           – Bernard J. Durkan
 
 
REPLY.
I wish to inform the Deputy that the number of prisoners granted early release prior to March 2012 is not readily available.

However, I can inform the Deputy that the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date.  This information is being collated and will be provided directly to the Deputy.

The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period,.  The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.

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 assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is 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 application for temporary release for whatever reason, including those referred to in your question, 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 daily 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 or maybe refused another period of reviewable temporary release.