Parole Act 2019
by Ciara H Guiney

Part 2 of Act

Section 8 of the Act provides for the establishment of the Parole Board (known as An Bord Parúil). The board will function independently and on a statutory basis. The functions conferred on the board will include:

 

  • Providing information to persons serving sentences of imprisonment, victims, and members of the public in relation to its functions
  • Providing information to the Minister for Justice and Equality in relation to the functions of the board
  • Making recommendations upon the request of the Minister to help him or her coordinate prisoners released on parole and draw up policy related to prisoners released on parole
  • Undertaking or assisting in research projects that may inform how the board operates and assist the Minister in decision-making.

 

Section 13(1) provides the board with powers that are deemed necessary to carry out its functions. Under this section the board will be able to:

 

  • Authorise written reports from appropriate individuals related to specific individuals.
  • Assign a legal representative to the relevant person if they do not already have one during deliberations of parole application or parole order revocations.
  • Interview a relevant person and receive oral submissions from him/her or his/her legal representative.
  • Receive written arguments from a relevant person or his/her legal representative.
  • Assign a legal representative to the relevant victim where he or she wishes to put forward arguments to the board.
  • Meet with a relevant victim to receive oral or written arguments from him/her or his/her legal representative.
  • Apply to the Courts Service to obtain a transcript of a court hearing that was held in sentencing deliberations of the offender.

For the purpose of considering parole applications, variations to conditions or release dates outlined in a public order or revocations of a parole order, under Section 13(2) the board has the power to request written reports by or on behalf of Irish justice agencies or clinicians working with applicants. When a report is requested under this section, the board will outline all matters that need to be addressed in the report. It may include one or more of the following: sentence details; conduct of applicant; risk or likelihood of reoffending; ability to comply with conditions outlined in the parole order; level of rehabilitation achieved thus far; ability to reintegrate into society; and risk to the public or victim. Parole will only be granted if the prisoner does not pose an undue risk to the public.

 

Part 3 of Act

Part 3 of the Act outlines the parole process. For example, under Section 24(1), eligibility for parole for individuals serving life imprisonment sentences has increased from 7 years to 12 years. For individuals who are serving prison sentences that exceed those outlined in the regulations, following engagement with the board, the Minister may impose imprisonment of not less than 8 years, and the portion of imprisonment that needs to be served by a person before eligible for parole.

 

In some circumstances, individuals may not be eligible for parole. For example, in relation to drug offences, under Section 24(12), where an individual is serving a specified minimum sentence of imprisonment under Section 27(3A) of the Misuse of Drugs Act 1977, pursuant to subsection (3C) or (3F) or that section, he/she shall not be eligible for parole before the minimum term has expired. Where parole applications have been refused or revoked, applicants will not be eligible to reapply for parole prior to the date specified by the board (Section 24(5) and (6)).

 

Conclusion

This legislation has been welcomed by Minister for Justice and Equality Charlie Flanagan TD, who views it as a ‘ground-breaking piece of legislation’ that will ensure that the way decisions are made by the Parole Board are ‘open, transparent, fair and fully informed’.2 The Irish Penal Reform Trust has long campaigned for the establishment of an independent Parole Board. Its executive director, Fíona Ní Chinnéide, has stated that this legislation will ‘provide more clarity and independence in decision-making on the release of eligible prisoners’.2

 

 

 

Ciara H Guiney

 

1  Parole Act 2019. Available online at: http://www.irishstatutebook.ie/eli/2019/act/28/enacted/en/print#part3

2   Staines M (2019) People sentenced to life in prison must serve at least 12 years under new law. Newstalk. 11 July. Available online    

     at: https://www.newstalk.com/news/life-sentence-parole-881671