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Prison Victim Liaison Service
24 May 2005
Victims of Crime and the Irish Prison Service
Introduction
The Minister for Justice, Equality and Law Reform is responsible for the Irish Prison Service. The system deals with male offenders who are 16 years of age or over and female offenders who are 17 years of age or over (except in the exceptional circumstances where an unruly certificate is placed on a 15 year old male offenders or 16 year old female offenders). Offenders under these ages are accommodated in Special Schools which are the responsibility of the Department of Education and Science. The Irish Prison Service is administered centrally. Its headquarters are located at:
Irish Prison Service
Monastery Road
Clondalkin
Dublin 22
(Update Note: Address changed to IDA Business Park, Balinalee Road, Longford, Co. Longford in Mid-2007)
There are fourteen institutions in the Prisons Estate. Of these, eleven are traditional "closed" institutions accommodating about 3,000 prisoners (Mountjoy, DA3chas Centre (Mountjoy Women's Prison), Portlaoise, Midlands, Limerick, Arbour Hill, St. Patrick's Institution, Wheatfield, Cloverhill, Cork, Castlerea), two are "open" centres accommodating about 150 prisoners, which operate with minimal internal and perimeter security (Shelton Abbey and Loughan House) and one is "semi-open" with traditional perimeter security but minimal internal security (Training Unit). It holds about 96 prisoners. The majority of female prisoners (approximately 90 out of 106) are accommodated in the purpose built "DA3chas Centre" and the remainder are located in a separate part of Limerick Prison.
Sentence remission
Prisoners serving determinate sentences are entitled, under law, to remission of one quarter of sentence provided they are of good behaviour during their time in custody. In practice this means that a person sentenced to an 8 year sentence will normally complete their sentence after 6 years. The statutory entitlement to remission is a feature of prison systems worldwide with the current rate being on statute since 1947. Remission can only be taken away for bad behaviour and then by up to 14 days for each breach of discipline.
Interim Parole Board
The Parole Board advises the Minister in relation to the administration of long-term prison sentences. Prisoners who are serving determinate sentences of 8 years or more but less than 14 years can have their cases reviewed by the Parole Board at the half of sentence stage and prisoners who are serving sentences of 14 years or more, including life sentences, will have their cases reviewed after 7 years in custody.
While the Minister will consider in full the recommendations of the Parole Board, it should be noted that he may decide to accept them in their entirety, in part, or reject them completely. In all cases, the final decision on the recommendations of the Board, including recommendations regarding temporary release, rests with the Minister.
Life Sentence Prisoners
A life sentence is indeterminate and remission does not apply. There is no guaranteed release date. It is always a matter for the Minister for Justice, Equality and Law Reform to authorise the offender's release. A prisoner serving a life sentence has no guaranteed release date and even while on release, a life sentence prisoner will always remain subject to conditions including supervision by the Probation and Welfare Service. Breaches of these conditions can result in him / her being returned to custody.
The fact that life sentence prisoners are entitled to have their cases reviewed by the Parole Board once they have seven years of their sentence served should not in any way though be interpreted as an indication that the average or normal sentence for a lifer is in the region of 7 years. The Minister for Justice, Equality and Law Reform, who has the sole power to release this type of prisoner, has recently indicated that nobody should expect that even in the absence of aggravating factors and even with the mitigating factors of admission of guilt, remorse, good behaviour and capacity for rehabilitation that there is a likelihood of being set at liberty on license before the expiry of 12 to 14 years. Furthermore he has indicated that in cases characterised by cruelty, significant premeditation or when the person remains an obvious risk to the safety of others that the public good will be protected by extended imprisonment.
Sex Offenders Act
All sex offenders released from prison custody are now subject to regulations, including the condition that they must notify An Garda SA-ochAAA¡na of their current and any future address. It is also now an offence for such persons to work with children without informing their employer of their previous conviction. This Act applies to all sex offenders released from custody after 27 September, 2001 regardless of when their offences took place or when they were convicted.
Rehabilitation
Prisoner rehabilitation involves input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory services. Among these services are healthcare, psychiatric, psychological, educational, vocational, counselling, welfare and spiritual services. These services are important in addressing offending behaviour, drug and alcohol addiction, missed educational and vocational opportunities, anger management and self management in the interest of encouraging positive personal development in prisoners and preparing them for reintegration and resettlement on release from custody.
Victim's Views
The Prison Service is extremely conscious of the plight of victims and the potentially devastating consequences of some offences. The Service acknowledges that for every offender there is a victim and that the prevention of re-victimisation is a priority. Although there is no formal mechanism in place to obtain the views of a victim, or their family, the fact is that such views (when made known) are always taken into account. While it is appropriate that the sensitivities and concerns of victims of crime should be carefully considered during the sentence management process, it must also be noted that sometimes conflicting factors such as the rehabilitation of offenders and their reintegration into the community must also be considered and a balance struck.
Irish Prison Service - Victim Liaison
Under the provisions of the Victims Charter - and Guide to the Criminal Justice System, which was published during the term of office of the previous Minister for Justice, Equality and Law Reform, the Prison Service gave various commitments on the sensitive subject of the treatment of and range of services to be provided to victims of crime.
One of these commitments states that "if requested by the victim of a serious sexual or violent offence, we would notify the GardaA- prior to the release of the perpetrator from prison either on temporary release or at the end of their sentence."
When requested, the Prison Service will enter into direct contact with victims and, where appropriate, inform them of any significant development in the management of the perpetrator's sentence as well as any impending release. Such significant developments could include temporary releases, parole board hearings, court appearances, prison transfers, etc.
The Prison Service are also in a position to provide victims with general information on the prison system such as the prison regime, remission on sentences and our system of parole including the operation of the Interim Parole Board.
How to apply
If you have any queries or complaints regarding the Prison Service or if you wish to request a notification of release, you should contact the Prisons Victim Liaison Officer.
Where to apply
Prison Victim Liaison Officer
Prisons Service Headquarters
Monastery Road
Clondalkin
Dublin 22
Tel: (01) 461 6000
(Update Note: Address changed to IDA Business Park, Balinalee Road, Longford, Co. Longford in Mid-2007. Phone Number is now: 043-35100)
E mail : info @ irish prisons.ie
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