A prisoner's sentence is reviewed periodically by the Parole Board, an agency which first sat on an interim basis in October 2001, superseding the Sentence Review Group. Legislation is due to come before the Dáil shortly which will put the board on a statutory basis.
Only prisoners serving sentences in excess of eight years are reviewed by the board. Those sentenced to 8-14 years are eligible for review once half of that sentence has been served. Those serving 14 years to life - such as Malcolm Macarthur - are eligible for review after seven years.
Prisoners serving sentences for treason or attempted treason; murder or attempted murder of a garda or prison officer; or murder or attempted murder for a political motive are not eligible for review by the board.
The board has an independent chairman, currently Limerick-based solicitor, Mr Gordon Holmes, and includes representatives from the medical/psychiatric profession, the probation and welfare services, the Department of Justice, the prison service and three representatives of the wider community, including a representative of Victim Support.
The main factors taken into account in each review include the nature and gravity of the offence, the potential threat to the the public should the person be released, and the conduct of the person while in custody.
After the initial review, a prisoner is entitled to subsequent reviews at least once every three years. They can opt out of any review.
The board can make any or all of three core recommendations: (1) a programme of short-term release leading to full temporary release of the prisoner; (2) a transfer to another prison, or an open prison; or (3) a structured therapy, education, or work training programme, or escorted outing.
The Minister for Justice may or may not accept a recommendation of the board. His decision is conveyed to the prisoner in writing "as soon as practicable".