Ireland is unusual in Europe as it grants automatic and unconditional early release to prisoners but the system should remain unchanged, according to an internal Government policy review.
Prisoners serving sentences in Ireland are entitled to an automatic 25 per cent off their sentences, regardless of their behaviour. In some cases, this climbs to 33 per cent if prisoners take part in training or rehabilitation programmes.
Inmates released under remission are not bound by any post-release conditions and cannot be returned to prison unless convicted of a fresh offence.
According to an internal review of the remission system by the Department of Justice, this is an “unusual system” which has been abandoned by most of Ireland’s neighbours. Instead, other European countries have replaced remission with more structured forms of release which binds prisoners to strict conditions and offers them support in the community.
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The review, which was completed in November 2023 and released following a Freedom of Information request, noted the Irish system has been criticised both for being too severe and too lenient.
Some reports, including a review by the Oireachtas Justice Committee on Justice, have recommended a minimum of one-third remission for prisoners. In some cases, remission rates of 50 per cent should be available, it said.
In a 2021 document, the Irish Penal Reform Trust said Ireland operated a low rate of remission compared with other EU countries.
In its review, the department said it was not helpful to compare Ireland’s remission rates with those of its neighbours, as each country operated unique systems.
The UK abolished automatic remission in 1991. Prisoners there can avail of early release subject to several factors, including the severity of their offence and the length of their sentence. France abolished automatic remission in 2021, replacing it with a system of early release based on prisoners’ behaviour.
The Irish Prison Service operates several other types of early release, including structured temporary release and work release programmes. However, unlike remission, prisoners must be individually approved for these programmes and can be recalled to prison at any time.
The Department of Justice review considered several options for reforming the system, including increasing enhanced remission to up to 50 per cent and introducing “stratified” levels of remission depending on the nature of the offence and length of the sentence.
Ultimately, it opted for the fourth option, to “do nothing”. This would leave remission rates as they are and “would not address the criticism that the current rates are ungenerous”.
However, the review noted there are other forms of temporary release available to prisoners. It also noted that under the Parole Act 2019, regulations are due to be drafted concerning the potential granting of parole to prisoners serving long sentences.
Leaving the remission rates unchanged would “provide a clear, stable foundation” for the development of these regulations, it said.
Dr Ian Marder, assistant professor in criminology at Maynooth University, said it was vital these new parole regulations were implemented as soon as possible.
“Prison overcrowding is at crisis levels in Ireland,” Dr Marder said. “The long-term solution is to redesign criminal justice to be more balanced towards effective community justice approaches. We need brave political leaders who are willing to learn from evidence and take a smart approach to justice.”
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