Man jailed for spitting on garda walks free due to Cork Prison overcrowding

Despite being sentenced for assaulting a garda, a man was turned away from Cork Prison due to overcrowding crisis

There were 390 people in custody in Cork Prison, with 86 mattresses on the floor to accommodate the significant overcrowding, and a bed capacity of 296. File Picture: Dan Linehan

A man who spat phlegm in a garda’s face in Cork was jailed for five months, but was turned away from prison — and never spent one minute behind bars — because it was already full.

Judge Colm Roberts had jailed the man for five months in Midleton District Court. However, due to overcrowding in Cork prison, he was turned away.

Prisons are so overcrowded that whenever a person is jailed, someone else often has to be released, legal sources said.

Legal sources questioned why "bracelets" or electronic tagging are not being used to tackle overcrowding.

“These are already used in the North, and would cost a fraction of the cost of a cell,” one legal source said.

“With bracelets, someone can be confined to their house for 24 hours a day. If they leave, gardaí will be notified. I can’t understand why bracelets are not being used.” 

A service provider is to be procured and a request for information was published on eTenders on June 5.

“This is a key step in engaging with the market and preparing for a future request for tender,” the Justice Department said.

Electronic tagging

Implementing electronic tagging for appropriate categories of prisoner is a commitment in the programme for government. Justice minister Jim O’Callaghan has asked his officials to complete the necessary procurement requirements so an initial rollout of electronic tagging can be expected by the end of the year, the department said.

Existing legislation provides for electronic monitoring in certain circumstances.

“Work is underway involving representatives from the various agencies to prepare to operationalise electronic monitoring," the Department of Justice said.

Penalties have increased for those who assault gardaí and other emergency service workers, with the maximum sentence rising from seven to 12 years in 2023.

However, increased penalties are irrelevant if the jails are too full to take offenders, legal sources said.

Wednesday saw yet another record set for prison overcrowding in Ireland, reaching 120% capacity.

There were 5,581 people in custody, with 471 people sleeping on mattresses, and an overall bed capacity of 4,672.

There were 390 people in custody in Cork Prison, with 86 mattresses on the floor to accommodate the significant overcrowding, and a bed capacity of 296. Cork Prison was at 132% capacity. Some 55 people were also on temporary day release.

The most overcrowded was Limerick Women’s Prison at 159% capacity, with 89 people in custody, and a bed capacity of 56 —  however, the new facility did not require mattresses on the floor.

Mountjoy Women’s Prison came in second at 134% capacity, with 196 in custody, a bed capacity of 146, and 16 mattresses on the floor.

Midlands Prison had the most mattresses on the floor, at 96, with 1,064 in custody and 891 beds, with capacity at 119%.

Mountjoy Men’s Prison had 77 people sleeping on mattresses, 1,022 in custody, 814 beds, and a capacity rate of 126%.

Risk to the public

All people sentenced to prison will go through the committal process, a prison source said. This will involve them being searched, their details taken, healthcare checks, and meeting the governor.

Only people eligible for temporary release and not deemed a risk to the public will be released following the committal process, but before being actually brought to a cell, a prison source said.

Due to overcrowding, all prisoners within the system eligible for temporary release have already been let out, a prison source said.

Convicted criminals escaping jail time due to overcrowding — even after assaults on gardaí — is a concern, the general secretary of the Garda Representative Association (GRA), Ronan Slevin, said.

While we do not comment on individual cases, instances such as these are a growing frustration for many members that the GRA represents

"This is neither the fault of the judicial system nor our colleagues in the Prison Service, who have consistently warned of chronic overcrowding in Irish prisons,” Mr Slevin said.

"Assaults on gardaí and other members of the emergency services are never acceptable, and when such cases are pursued and successfully prosecuted, there must be full accountability with prison spaces available to serve as a deterrent for anyone who carries out such attacks."