Jail terms for sex offenders may be cut

Plans to allow sex offenders get early release from jail where they engage in programmes to lessen their risk of reoffending are being considered by the Department of Justice and the Prison Service.

But both agencies rejected the findings of a report by the Inspector of Prisons which stated there was an “unwritten policy” that no sex offenders should be given temporary release.

Judge Michael Reilly made the finding after strongly criticising the refusal to grant temporary release to a dying 82-year-old prisoner, a convicted sex offender.

The married man died in Midlands Prison on January 30, 2012, despite the recommendations of several doctors and prison executives that he should be given early release on health grounds.

The inspector said the man was refused leave because of “an unwritten policy of the department and the long-standing practice that offenders such as the deceased would not be released early”.

He recommended that decisions to grant temporary release on health grounds “should be based on the particular circumstances of each case and not influenced by policy made by others”.

The Department of Justice denied there was any general policy: “Currently, the issue of temporary release for the category of offenders referred to is considered on a case-by-case basis.”

The Prison Service said it noted the inspector’s report, but a spokesman rejected any general policy: “In relation to the granting of temporary release the position is that it is open to all prisoners to apply for temporary release and each case is considered on its own merits”.

He said a number of factors were considered, including “the potential threat to the safety and security of the public should the person be released”.

The inspector’s report pointed out that gardaí had told prison bosses the man presented a risk if released. Judge Reilly said there was “no foundation whatsoever” to this view and urged Justice Minister Frances Fitzgerald to consider referring the matter to a Garda oversight body.

The department spokeswoman said moves were afoot on temporary release for sex offenders: “Proposals are under consideration for an approach for the consideration of limited temporary release in cases where full and constructive engagement with the prison and probation services could lessen the risk of re-offending. In this, the safety of the public, the importance of victims, and the goal of reducing re-offending, will be the primary objectives.”

In relation to the garda submission on applications for temporary release, she said it was important this issue was addressed generally and not simply to any individual case.