Report on Mandatory Sentences - Law Reform Commission

the case of a prisoner serving a mandatory life sentence until he or she had served 12 to 15 years. 21 It
would appear that the average time spent in custody by prisoners serving a life sentence more than
doubled since the 1970s. In 2010, the then Minister for Justice indicated that the average time spent in
custody was 17 years for the period 2004 to 2010. 22 This compared with an average of 14 years for the
period 1995 to 2004; 12 years for the period 1985 to 1994; and just over 7 ½ years for the period 1975 to
1984. 23
3.11 While it is not required to take any specific criteria into account when formulating its
recommendations, the Parole Board has adopted the following list of factors: 24
Nature and gravity of the offence;
Sentence being served and any recommendations by the judge; 25
Period of the sentence served at the time of the review;
Threat to safety of members of the community from release;
Risk of further offences being committed while on temporary release;
Risk of the prisoner failing to return to custody from any period of temporary release;
Conduct while in custody;
Extent of engagement with the therapeutic services; and
Likelihood of period of temporary release enhancing reintegration.
3.12 These factors are broadly similar to those considered by the Minister for Justice in relation to the
granting of temporary release under section 2 of the Criminal Justice Act 1960, as amended by section 1
of the Criminal Justice (Temporary Release of Prisoners) Act 2003. These are:
The nature and gravity of the offence to which the sentence of imprisonment being served by the
person relates;
The sentence of imprisonment concerned and any recommendations of the sentencing court in
relation to it; 26
The period of the sentence of imprisonment served by the person;
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 that person relates) should the
person be released from prison;
Any offence of which the person was convicted before being convicted of the offence to which the
sentence of imprisonment being served relates;
21
22
23
24
25
26
See: McDowell, address at the First Edward O’Donnell McDevitt Annual Symposium - “Sentencing in Ireland”
28 February 2004.
Dáil Debates, Written Answers - Crime Levels, 29 April 2010, Vol 707, No 5, Mr Ahern at paragraph 10.
Ibid.
Annual <strong>Report</strong> 2011 (Parole Board, 2012) at 6.
This may, for example, be relevant where a prisoner has been sentenced for a sexual or drug-related offence
and the judge has recommended that he or she engage in a treatment programme. At present, there is no
provision under Irish law which permits a sentencing judge to recommend the minimum term to be served by
an offender. This is discussed further at paragraphs 3.77 to 3.84 below.
This may, for example, be relevant where a prisoner has been sentenced for a sexual or drug-related offence
and the judge has recommended that he or she engage in a treatment programme. At present, there is no
provision under Irish law which permits a sentencing judge to recommend the minimum term to be served by
an offender. This is discussed further at paragraphs 3.77 to 3.84 below.
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