Temp Release & Remission
CRIMINAL JUSTICE ACT 1951
Remission of punishment, forfeitures and disqualifications.
23.—(1) Except in capital cases, the Government may commute or remit, in whole or in part, any punishment imposed by a Court exercising criminal jurisdiction, subject to such conditions as they may think proper.
(2) The Government may remit, in whole or in part, any forfeiture or disqualification imposed by a Court exercising criminal jurisdiction and restore or revive, in whole or in part, the subject of the forfeiture.
(3) The Government may delegate to the Minister for Justice any power conferred by this section and may revoke any such delegation.
(4) This section shall not affect any power conferred by law on other authorities.
(5) Where a disqualification for holding a driving licence under the Road Traffic Act, 1933 (No. 11 of 1933), is remitted, in whole or in part, under this section, notice of the remission shall be published as soon as may be in Iris Oifigiúil.
CRIMINAL JUSTICE ACT, 1960 (as enacted)
AN ACT TO AMEND CRIMINAL LAW AND ADMINISTRATION. [26th July, 1960.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Definitions.
1.—In this Act—
“remand institution” means an institution (other than a prison) whose use for the purposes of this Act has been approved of by the Minister;
“the Central Mental Hospital” means the Central Criminal Lunatic Asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act, 1845 ;
“district mental hospital” has the meaning assigned to it by the Mental Treatment Act, 1945 ;
“the Minister” means the Minister for Justice;
“Saint Patrick’s Institution” means the institution called and known as “Saint Patricks” and situate at North Circular Road, Dublin.
Temporary release of persons from prisons and from Saint Patrick’s Institution.
2.—(1) The Minister may make rules providing for the temporary release, subject to such conditions (if any) as may be imposed in each particular case, of persons serving a sentence of penal servitude or imprisonment, or of detention in Saint Patrick’s Institution.
(2) Rules made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the rules is passed by either such House within the next twenty-one days on which that House has sat after the rules are laid before it, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Temporary release of criminal lunatics.
3.—(1) In this section—
“criminal lunatic” means a person who is detained in a district mental hospital or in the Central Mental Hospital by warrant, order or direction of the Government or the Minister or under the provisions of section 91 of the Army Act, 1881, or of the Defence Act, 1954 , and, if he is undergoing a sentence of penal servitude or imprisonment, or of detention in Saint Patrick’s Institution, whose sentence has not expired;
“person in charge” means—
(a) in relation to a criminal lunatic detained in a district mental hospital, the resident medical superintendent thereof, and
(b) in relation to a criminal lunatic detained in the Central Mental Hospital, the Resident Physician and Governor thereof.
(2) A criminal lunatic who, in the opinion of the person in charge, is not dangerous to himself or to others may, with the consent of the Minister, be released temporarily by the person in charge subject to such conditions (if any) as he may, with the consent of the Minister, impose.
(3) (a) The consent of the Minister to the release of a criminal lunatic under this section may be given in relation to a particular release or in relation to the release from time to time during a specified period of that criminal lunatic.
(b) The consent of the Minister to the imposition of conditions in relation to the release of a criminal lunatic under this section may relate to the imposition of conditions in relation to a particular release of that criminal lunatic or to the imposition of conditions in relation to the release from time to time during a specified period of that criminal lunatic.
Conditions in relation to temporary release.
4.—(1) Where the release of a person under section 2 or section 3 of this Act is made subject to conditions, the conditions shall be communicated to the person at the time of his release by notice in writing.
(2) A person temporarily released under section 2 or section 3 of this Act shall comply with any conditions to which his release is made subject.
Power to suspend currency of sentence in respect of period of temporary release.
5.—The currency of the sentence, if any, of a person temporarily released under section 2 or section 3 of this Act may, at the time of release or at any time during or after the period of release, be suspended by the Minister, if he so thinks fit, in respect of the whole or part of the period.
Persons unlawfully at large.
6.—(1) A person who, by reason of having been temporarily released under section 2 or section 3 of this Act, is at large shall be deemed to be unlawfully at large if—
(a) the period for which he was temporarily released has expired, or
(b) a condition to which his release was made subject has been broken.
(2) A person who is unlawfully at large shall be guilty of an offence under this section and on summary conviction thereof shall be liable to imprisonment for a term not exceeding six months.
(3) Where, by reason of the breach of a condition to which his release under section 2 or section 3 of this Act was made subject, a person is deemed to be unlawfully at large and is arrested under section 7 of this Act, the period for which he was temporarily released shall thereupon be deemed to have expired.
(4) The currency of the sentence of a person who is unlawfully at large for any period shall be suspended in respect of the whole of that period.
Arrest of persons unlawfully at large.
7.—A member of the Garda Síochána may arrest without warrant a person whom he suspects to be unlawfully at large and may take such person to the place in which he is required in accordance with law to be detained.
Extension of powers in relation to the places of confinement of criminal lunatics.
8.—(1) A warrant under section 2 or section 3 of the Criminal Lunatics (Ireland) Act, 1838, or section 13 of the Lunatic Asylums (Ireland) Act, 1875 , in relation to any person may, at the discretion of the Minister, order the removal of the person to the Central Mental Hospital or to any district mental hospital and, where the warrant so orders, references in the section under which the warrant is issued to an asylum shall be construed as references to the Central Mental Hospital or district mental hospital, as the case may be, and the section shall have effect accordingly.
(2) Where a person is detained under the said section 2 , the said section 3 , the said section 13 or section 12 of the Central Criminal Lunatic Asylum (Ireland) Act, 1845 , the Minister may, at his discretion, by order under this subsection, direct the transfer of the person—
(a) if he is detained in the Central Mental Hospital, to a district mental hospital, and
(b) if he is detained in a district mental hospital, to the Central Mental Hospital or to another district mental hospital,
and, where a person is transferred under this subsection to the Central Mental Hospital or to a district mental hospital, references in the section under which he is detained to an asylum or to a mental institution or hospital shall be construed as references to the Central Mental Hospital or to the district mental hospital to which he is transferred, as the case may be, and the section shall have effect accordingly.
Remand or committal for trial or sentence of certain young persons to remand institutions.
9.—(1) Where a statute or instrument made under statute confers a power to remand in custody or to commit in custody for trial or for sentence a person who is not less than sixteen nor more than twenty-one years of age, the power shall be deemed to include a power to remand or commit the person in custody to a remand institution and the statute or instrument, as the case may be, shall have effect accordingly.
(2) For the purposes of subsection (1) of this section, the power conferred by section 10 of the Criminal Justice Administration Act, 1914 , to commit to prison shall be deemed to be a power to commit in custody for sentence.
(3) A person shall not be detained under this section or under section 10 of this Act in a remand institution which is conducted otherwise than in accordance with the religion to which the person belongs.
Power of Minister to transfer a person detained under section 9.
10.—(1) Subject to subsection (2) of this section and subsection (3) of section 9 of this Act, the Minister may, if he thinks it proper to do so, direct that a person detained under section 9 of this Act or this section in a remand institution be transferred to and detained for the unexpired part of the period of remand or committal, as the case may be, in another remand institution, in a prison or in Saint Patrick’s Institution.
(2) The Minister shall not give a direction under this section in respect of a person unless he has been so requested by the person or by the person in charge of the institution in which he is detained.
(3) When a direction is given under this section in relation to a person, he shall be transferred as soon as may be to the institution or prison specified in the direction and shall be detained there for the unexpired part of the period for which he was remanded or committed.
Lawful custody of persons detained under sections 9 and 10.
11.—(1) Subject to subsection (3) of this section, a person who is detained in a remand institution pursuant to section 9 of this Act shall be deemed to be in the lawful custody of the person for the time being in charge of the institution during and until the expiration of the period for which he was remanded or committed, or, if it should sooner happen, until he is transferred under section 10 of this Act.
(2) Subject to subsection (3) of this section, a person who is transferred under section 10 of this Act to an institution (being a remand institution or Saint Patrick’s Institution) or to a prison shall be deemed to be in the lawful custody of the person in charge of the institution or the governor of the prison, as the case may be, from the time he is transferred until the expiration of the period for which he was remanded or committed or, if it should sooner happen, until he is transferred again under the said section 10.
(3) A person who, during a period of detention pursuant to section 9 or section 10 of this Act, is absent without permission from the place of detention shall be deemed to have escaped from lawful custody and the foregoing provisions of this section shall not apply in relation to the period during which he is so absent.
Discontinuance of use of term “Borstal.”
12.—On the commencement of this Act, the use of the term “Borstal” shall be discontinued and, accordingly, references in any statute or instrument made under statute to a Borstal Institution or to Borstal Institutions shall thenceforth be construed as references to Saint Patrick’s Institution.
Sentencing of certain young persons to detention in Saint Patrick’s Institution.
13.—(1) Where a person who is not less than seventeen nor more than twenty-one years of age is convicted of an offence for which he is liable to be sentenced to a term of penal servitude or imprisonment, he may, in lieu of being so sentenced, be sentenced to be detained in Saint Patrick’s Institution for a period not exceeding the term for which he might have been sentenced to penal servitude or imprisonment, as the case may be.
(2) Where a person who is less than seventeen but not less than sixteen years of age is convicted of an offence for which he would, if he were not less than seventeen years of age, be liable to be sentenced to a term of penal servitude or imprisonment and the court considers that none of the other methods in which the case may legally be dealt with is suitable, he may be sentenced to be detained in Saint Patrick’s Institution for a period not exceeding the term for which he might, if he were not less than seventeen years of age, be sentenced to penal servitude or imprisonment, as the case may be.
(3) The Minister may make regulations providing for the rule and management of and the constitution of a visiting committee for Saint Patrick’s Institution in so far as it is being used for the detention of persons sentenced under this section and for the classification, treatment, employment and control of such persons and may, by the regulations, apply, to such extent and subject to such modifications, if any, as may be specified therein—
(a) the Prisons Acts, 1856 to 1956, and the rules made thereunder, whether before or after the commencement of this Act, and
(b) regulations made, whether before or after the commencement of this Act, under subsection (2) of section 4 of the Prevention of Crime Act, 1908 ,
in relation to Saint Patrick’s Institution in its use aforesaid.
Expenses.
14.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title.
15.—This Act may be cited as the Criminal Justice Act, 1960.
CRIMINAL JUSTICE (TEMPORARY RELEASE OF PRISONERS) ACT 2003
AN ACT TO PROVIDE FOR THE TEMPORARY RELEASE OF PERSONS SERVING SENTENCES OF IMPRISONMENT, OR OF DETENTION IN ST. PATRICK’S INSTITUTION, OR PERSONS BEING DETAINED IN A PLACE PROVIDED UNDER SECTION 2 OF THE PRISONS ACT 1970 AND, FOR THAT PURPOSE, TO AMEND THE CRIMINAL JUSTICE ACT 1960. [29th October, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of Criminal Justice Act 1960.
1.—The Criminal Justice Act 1960 is hereby amended by the substitution of the following section for section 2:
“2.—(1) The Minister may direct that such person as is specified in the direction (being a person who is serving a sentence of imprisonment) shall be released from prison for such temporary period, and subject to such conditions, as may be specified in the direction or rules under this section applying to that person—
(a) for the purpose of—
(i) assessing the person’s ability to reintegrate into society upon such release,
(ii) preparing him for release upon the expiration of his sentence of imprisonment, or upon his being discharged from prison before such expiration, or
(iii) assisting the Garda Síochána in the prevention, detection or investigation of offences, or the apprehension of a person guilty of an offence or suspected of having committed an offence,
(b) where there exist circumstances that, in the opinion of the Minister, justify his temporary release on—
(i) grounds of health, or
(ii) other humanitarian grounds,
(c) where, in the opinion of the Minister, it is necessary or expedient in order to—
(i) ensure the good government of the prison concerned, or
(ii) maintain good order in, and humane and just management of, the prison concerned, or
(d) where the Minister is of the opinion that the person has been rehabilitated and would, upon being released, be capable of reintegrating into society.
(2) The Minister shall, before giving a direction under this section, have regard to—
(a) the nature and gravity of the offence to which the sentence of imprisonment being served by the person relates.
(b) the sentence of imprisonment concerned and any recommendations of the court that imposed that sentence in relation thereto,
(c) the period of the sentence of imprisonment served by the person,
(d) the potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence of imprisonment being served by the person relates) should the person be released from prison,
(e) any offence of which the person was convicted before being convicted of the offence to which the sentence of imprisonment being served by him relates,
(f) the risk of the person failing to return to prison upon the expiration of any period of temporary release,
(g) the conduct of the person while in custody, while previously the subject of a direction under this section, or during a period of temporary release to which rules under this section, made before the coming into operation of the Criminal Justice (Temporary Release of Prisoners) Act 2003, applied,
(h) any report of, or recommendation made by—
(i) the governor of, or person for the time being performing the functions of governor in relation to, the prison concerned,
(ii) the Garda Síochána,
(iii) a probation and welfare officer, or
(iv) any other person whom the Minister considers would be of assistance in enabling him to make a decision as to whether to give a direction under subsection (1) that relates to the person concerned.
(i) the risk of the person committing an offence during any period of temporary release,
(j) the risk of the person failing to comply with any conditions attaching to his temporary release, and
(k) the likelihood that any period of temporary release might accelerate the person’s reintegration into society or improve his prospects of obtaining employment.
(3) The Minister shall not give a direction under this section in respect of a person—
(a) if he is of the opinion that, for reasons connected with any one or more of the matters referred to in subsection (2), it would not be appropriate to so do,
(b) where the release of that person from prison is prohibited by or under any enactment, whether passed before or after the passing of this Act, or
(c) where the person has been charged with, or convicted of, an offence and is in custody pursuant to an order of a court remanding him to appear at a future sitting of a court.
(4) A direction under this section shall be given to the governor of, or person for the time being performing the functions of governor in relation to, the prison concerned.
(5) The governor of, or person for the time being performing the functions of governor in relation to, the prison concerned to whom a direction under this section is given shall comply with that direction, and shall make and keep a record in writing of that direction.
(6) Without prejudice to subsection (1), the release of a person pursuant to a direction under this section shall not confer an entitlement on that person to further such release.
(7) (a) The Minister may make rules for the purpose of enabling this section to have full effect and such rules may contain such incidental, supplementary and consequential provisions as the Minister considers to be necessary or expedient.
(b) Rules under this section may specify conditions to which all persons released pursuant to a direction under this section shall be subject or conditions to which all persons belonging to such classes of persons as are specified in the rules shall be subject.
(8) Every rule under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the rule is passed by either such House within the next 21 days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(9) This section shall not affect the operation of the Criminal Justice (Release of Prisoners) Act 1998 .
(10) In this section, ‘probation and welfare officer’ means a person appointed by the Minister to be—
(a) a welfare officer,
(b) a probation officer, or
(c) a probation and welfare officer.
(11) In this section—
(a) references to a person who is serving a sentence of imprisonment shall be construed as including references to—
(i) a person being detained in a place provided under section 2 of the Prisons Act 1970 , and
(ii) a person serving a sentence of detention in St. Patrick’s Institution,
and sentence of imprisonment shall be construed accordingly,
and
(b) references to a prison shall be construed as including references to a place provided under the said section 2 and that Institution.”.
Short title and commencement.
2.—(1) This Act may be cited as the Criminal Justice (Temporary Release of Prisoners) Act 2003.
(2) This Act shall come into operation on such day as the Minister may, by order, appoint.