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Call for reforms to ensure “fair and transparent” early release of prisoners

The IPRT recommends that a single ‘Early Release Act’ should be enacted to overhaul the current systems of remission, temporary release and parole.

Image: Paul Sharp/Photocall Ireland

THERE HAS BEEN a call for the reform of the current systems of remission, temporary release and parole, in order to ensure fair and transparent systems of early release for prisoners.

The call comes from the Irish Penal Reform Trust, which says that decision-making around the release of life-sentenced prisoners should be removed from political control, and structured and incentivised early release should replace the current overuse of temporary release.

These are among the clear calls for reform made on the launch of the IPRT Position Paper on Reform of Remission, Temporary Release and Parole.

‘Early Release Act

IPRT recommends that a single ‘Early Release Act’ should be enacted to overhaul the current systems of remission, temporary release and parole. The main elements would include:

  • Remission: should be increased to 50 per cent for sentences under 5 years; and 33 per cent for sentences over five years but with an enhanced 50 per cent for those who demonstrate engagement with services as part of incentivised regimes.
  • Short-Term Temporary Release: a more transparent system of temporary release should be used for compassionate release, weekend release and day-to-day release for work.
  • Earned Early Release: the principle of the recently introduced Community Return Scheme should be expanded to create incentives within the prison system for prisoners to engage constructively with services.
  • Parole: An independent statutory Parole Board to be established and take over decision-making on the release of life-sentenced and long-sentenced prisoners. The IPRT also calls for removing the role of the Minister in decision-making on release of long-term prisoners, among other recommendations.
  • Pardon: The Minister for Justice should consider making use of the right of pardon and the power to commute or remit punishment to bring the prison population within the safe custody limits recommended by the Inspector of Prisons.

IPRT Executive Director, Liam Herrick said that the the biggest obstacle to the prison system operating effectively is the chronic overcrowding. “At the same time, for many prisoners there are no clear guidelines as to what they must do within prison to address their offending in order to move towards release,” he added. “While recent efforts to divert minor offenders away from prisons are important, our current system of deciding when prisoners are released is most urgently in need of change.”

IPRT believes that our current systems of remission, temporary release and parole afford too much discretion to Government and should be replaced by more open and transparent systems of release, in line with the principles of due process and fairness. We also believe that a more structured and fair system will help identify an increased number of prisoners who can be safely released back into the community.

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Comments (38 Comments)

  • Automatic remission is one of the silliest concept in the Irish Prison service.It should have to be earned not just given automatically. This country becomes a bigger joke by the day!!!

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  • No chance of getting fair and transparent sentencing first I suppose? Why give a sentence of, say seven years when they’ll be out in three? Why not just give three and be done with it? Save all the judicial bullshitting.

    On a sort of related note I was watching an episode of law and order suv the other night an a rapist/attempted murderer got a sentence of 306 years….. Must have been a typo in the script. Yeah, I know, nothing to do with anything.

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  • Closing down Garda stations , early release for criminals , yep sounds like a great idea !

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  • Life should mean life, that’s the only one that needs changing

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  • Gerard 23/10/12 #

    As if things weren’t bad enough. I imagine alot of guards will now ask themselves what’s the point anymore and that can’t be a good thing but who could blame them?

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    • My apartment got robbed a few years back the thief was later caught and sold all the stuff he stole. He had 43 convicrions previously for robbery. Not once had he seen a jail cell. Garda told me they catch em the courts release them and that’s the way it goes.

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    • They can’t lock them up for life or even for the full sentence. There is a whole industry dependent on repeat customers/buisiness .

      If you didn’t have a revolving door then you would have no need for as many solicitors/barristers/judges/Gardai .

      They’re not going to do themselves out of a job.

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    • @ Nellysroom

      Drivel.

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  • is anyone in the dail taking their job seriously ….criminal equals jail , this government really dont give a shite for this country or its every day hard working honest law abiding citizens ,

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    • They’re future proofing for themselves incase they end up in prison …

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    • But the poor offender had to be given hope for the future!!! They have to get part of their sentence suspended because they’ve drug problems! Hell, suspend the second part because their girlfriend happens to be pregnant!! Oh wait, they’re on a suspended sentence already!?! AND out on bail for another offence!?! Okay, jail them but let them out on Temp release straightaway!! Oh And tell that elderly bachelor farmer they robbed his household charge long overdue!!

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  • Simon 23/10/12 #

    This is the worst idea I’ve ever heard judges already give suspended sentences to stop the Criminal appealing cases then if they go to Prison quarter of there sentence is taken off again by the prison for good behaviour and then there let out on temporary release. It’s a joke of a system

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  • Any human being who is in prison for murder should never be released never mind an early one!

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  • Genuine reform or merely cost saving?

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  • Interesting 17 comments not one in favour of the penal reform trusts proposals. But who will be listened to the people, or the enlightened members of the trust? Unfortunately I think we know who! The rest of us will just have to live in the real world mess left behind.

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  • Early release is a good idea for less serious offences where an inmate is unlikely to re offend. Early release for murder/rape/paedos/serious assault should not happen. Prison is for punishment first rehabilitation if possible 2nd. Life should be life where a inmate leaves in a box.

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  • Who are these IPRT? What do they hope to achieve? It’s obvious the R does not stand for reform more like let them out early to RE-OFFEND. It is a stupid idea to make one of the most lenient penal systems in the world even more merciful, I am starting to believe that these people want to make criminality a real career option for young men in this country. The victims of crime and their family’s human rights are totally ignored again.
    There should be no automatic remission for any prison sentence and the remission system should be restructured with 10% max for good behaviour and any remission above that based on the individual making a realistic measurable attempt to reform his behaviour. Transparent rules are a good thing but it transparent means can be seen through. It looks like the efforts of the IPRT is to transform the word transparent into nonexistent when it comes to prison.

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    • Did you even read the article?

      If you don’t want to make criminality a career choice for young people maybe we should, you know, give them ALTERNATIVE career options? You know – jobs and that? Maybe that would be an idea?

      Why do you people constantly bang on about the human rights of the victims? What has that to do with anything? What “rights” are you referring to? What human rights are being infringed? How is the victim being mistreated by the State?

      Could someone please explain that to me? What rights are all you people bleating on about?

      The right to have the offender prosecuted?? Well – they have been, they are in jail. Thats what the whole article is about.

      Just what are these human rights you’re referring to?

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    • @Felix I am sure you feel passionate about the subject of penal reform and the plight of prisoners.
      Most hardened career criminals are in prison because they made a lifestyle choice and revel in their macho notoriety. The simplistic suggestion you make that a lack of jobs is the reason that young men might make criminality a choice is foolish. Even at the height of the boom with almost full employment our prisons were full with people who made a conscious choice to pursue criminality as a career option. One of the reasons they make this choice is because they have passed through a lenient light touch penal and judicial system where bail conditions and relatively light sentences are imposed and with remission they know they can cause maximum havoc for minimum consequences.
      My concern since you ask, is in the wider context of the common good of society in general and for the human rights of every citizen of this country to be able to go about their lives in peace free from the fear threats, and criminality that those people you have greater concern for like to impose on decent law abiding citizens, and which IPRT seem to ignore as it is not part of their remit. People have to have faith in the judicial and penal system, we need to know that if someone commits a crime that they will receive a suitable sentence. Not the situation that the sentence will be whittled away because some ego spinning academics suggested a cheap way to empty prisons.
      The problem with the system suggested by IPRT is that realistically all that will be taken from the proposal is the 50% figure and this will then become the automatic right without the implementation of modification of behaviours.
      Reforming a system does not automatically mean making a system more lenient. Maybe people will be less sceptical when the IPRT focuses on the common good of society rather than on the narrow remit it pursues for its own self serving ends.

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  • Longer prison sentences for serious crimes and for persistent minor re-offending. No-one should go to jail for non-payment of fines. Build new prisons with toilets and give prisoners decent conditions (not 4 star hotels or palaces etc..) and then keep them in there for a long time. Better prisons would also mean that we need less warders and less overtime. Life should not mean life, it should mean a minimum of 30 (not 30 less this and that meaning 18 actually) years and only released then if the person is demonstrably no longer a threat to society.

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  • Closing down Garda stations , early release for criminals , yep sounds like a great idea !

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  • If the legal system was tough on crime from day one, prisons wouldn’t be overcrowded. But the bleedin’ heart and PC brigade, know what’s best for society. If you take more than one life, you should get the lethal injection!

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  • phil 23/10/12 #

    How about legalizing some drugs. If cannibus was legal and pardons introduced for all inside on non violent cannibus charges realised id bet there be a lot more room for harder criminals.

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  • If parole officers and judges were held responsible for crimes comitted by convicts they let out of prision early then these do-gooders might think again when they allow people not fit for decent society out early to destroy other people’s lives.
    Because these criminals are destroying lives over and over again

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  • ECP 23/10/12 #

    the Iprt have knowledge of the before and after the prison system, they are concerned with intervention and rehabilitation. They work with prisoners everyday. They work their asses off for them and they know their shit. Maybe we shouldn’t all be giving out about the organisation fighting for the rights of prisoners, who are people too. And if the conditions of prisons are really awful and over crowded then that needs to be payed attention to before getting caught up in attacking the Iprt The Iprt do work with people so they never end up in prison. It’s not really accurate to be suggesting that they want serial killers back out early. It seems to me that they want a fairer system and chance for prisoner reformation. Any way, I would be more concerned with what the government are bothering to invest in to Irish society so so many don’t end up in prison. That’s what I think should be addressed before deciding how long the prisoners stay in there for. I do understand the concern involved and don’t mean to be insensitive or divisive, just my couple of cents.

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