Being released from prison

If you are serving a prison sentence in Ireland, there are several ways you can be released into the community.

In addition to completing the full term of your sentence, you may be granted periods of temporary or permanent release in recognition of good conduct in custody, notably by engaging in authorised structured activities that are designed to reduce your likelihood of reoffending.

This page outlines the ways you can be released from prison. It provides information on:

• Remission
• Temporary release
• Parole
• Resettlement and reintegration into the community

You can find out more about how the prison system works in Ireland and the educational and vocational training available to prisoners.

Remission is the complete ending of a sentence before the full term of your sentence has been completed.

If you are in prison and part of your sentence is remitted (reduced), you are released into the community without any further supervision or restrictions.

For example, if you were sentenced to 8 years in prison, you may be released after 6 years because the remaining 2 years of your sentence have been remitted.

Remission does not apply if you are:

• Serving a life sentence (see ‘Parole’ below)
• In prison as a debtor or because of contempt of court

There are 2 forms of remission set out under Article 59 of the Prison Rules 2007: standard remission and enhanced remission.

Standard remission

Standard remission allows you to shorten the length of your sentence by up to one quarter. In most cases, you get standard remission automatically once you do not commit an offence in custody.

For example, if you are sentenced to 4 years in prison, you may be released after 3 years, with the final quarter of your sentence remitted.

Enhanced remission

You can apply to the Minister for Justice for enhanced remission to reduce your sentence by one third.

For example, if you are sentenced to 3 years in prison and you are granted enhanced remission of one third of your sentence, you may be released after 2 years.

To be eligible for enhanced remission:

• You must be able to demonstrate good behaviour (for example, by engaging in authorised structured activities in prison)
• The Minister for Justice must be satisfied that you are unlikely to reoffend and that you can reintegrate into the community upon release

Temporary release means that you are released from prison for a specified period of time for a specific purpose or reason.

The Criminal Justice Act 1960 allows the Minister for Justice to grant temporary release to prisoners at any time before they qualify for standard remission or to life-sentenced prisoners who are not entitled to standard remission.

There are 3 general kinds of temporary release:

1. Compassionate grounds

In most cases, you can be released on compassionate grounds if there is a family emergency, such as a death or serious illness. You may also be released to visit family at Christmas, or to attend special family occasions such as christenings or communions.

2. Day-to-day release

If you demonstrate good behaviour and engage in structured activities in prison, you may be granted day-to-day release to participate in work or training outside of prison during the day. You return to custody in the evening.

You may also be granted day-release near the end of your sentence to build family relationships before your release.

3. Full temporary release

If your day-to-day temporary release has gone well and you have shown that you can reintegrate into the community, the Minister for Justice may grant you full temporary release.

In practice, this provision ends the custodial portion of your sentence unless you are recalled to prison for any reason.

Eligibility for temporary release

When assessing an application for temporary release, the Minister will consider several factors, including:

• The nature and circumstances of the crime you committed
• Your behaviour in custody and on any previous period of temporary release
• The length of sentence served
• Whether you pose a threat to anyone, if released
• The risk of you not returning at the end of the temporary release
• Whether temporary release would help you reintegrate into society

If you are granted temporary release, you must:

• Keep the peace and maintain good behaviour
• Maintain sober habits
• Return to prison before the temporary release period expires
• Comply with any other condition imposed

You will sign a release form acknowledging that:

• You are aware of the terms and conditions of your release
• Those terms have been explained to you
• You are aware of the time when your period of release ends

While you are outside the prison, you may be considered to be unlawfully at large and may be arrested if your period of release has ended, or you break a condition of your release.

When discharged from prison

If you are discharged from prison, on temporary or permanent release, the Governor must ensure that you have:

• Money or a way to travel to your destination within the State
• Suitable clothing to wear, in so far is possible
• Money for food, as the Governor considers appropriate in the circumstances

The Probation Service

The Probation Service supervises and supports offenders in the community. In most cases, the Probation Service supervises prisoners on temporary release.

You will be told about the Probation Service when you arrive in prison. An officer may be assigned to work with you to address your offending behaviour so that you can become eligible for temporary release at a later date.

For example, under the Community Return Scheme, you can complete unpaid work as a condition of your early release from prison. You need to pose no threat to the community to be eligible for this scheme.

Parole is a form of early release from prison under certain conditions. If you are released on parole, your sentence is not over – you are just serving your sentence in the community.

You can apply for parole if you have served at least 10 and a half years of a life sentence, but you cannot be granted parole unless you have served at least 12 years of your sentence.

If you are released on parole, you must follow all the conditions of your parole order. These conditions apply for the remaining time of your sentence.

You can be sent back to prison if you reoffend or break any of the conditions of your parole order.

The Parole Board

The Parole Board reviews parole applications from prisoners serving life sentences. It is an independent statutory body and the Board members are appointed by the Minister for Justice.

The Parole Board must notify you when you become eligible for parole. You can apply for parole once you become eligible. The Irish Prison Service keeps the Parole Board updated on which prisoners are eligible to apply for parole.

You must meet the following criteria for parole:

• You must have served at least 10 and a half years of your sentence before you can apply for parole
• You must have served at least 12 years of your life sentence before you can be granted parole

Some offences, such as capital murder, certain sexual offences, drug and gangland related offences are subject to minimum terms of imprisonment. You will not be eligible for parole in these cases until that minimum sentence is served.

When considering your application, the Parole Board may request reports from relevant services, including:

• The Irish Prison Service
• The Irish Prison Service Psychology Service
• The Probation Service
• An Garda Síochána
• A psychiatrist and/or a psychologist
• Any other source relevant to your case

You can read more about the parole process on the Parole Board’s website and in their information leaflet for parole applicants (pdf).

Factors considered in a parole review

In making its decisions, the Parole Board considers several factors, including:

• Whether you pose a threat to the community or a previous victim
• Whether you have been rehabilitated and are capable of reintegrating into society
• The nature and circumstances of the offence you committed
• Any recommendation made by the court at the time of sentencing
• Your behaviour in custody, particularly your engagement with therapeutic services designed to mitigate your offending behaviour
• The risk of you failing to comply with any conditions
• Submissions made by or on behalf of any victim
• Any compassionate grounds which merit special consideration

Second and subsequent reviews

You may have to go through the parole process several times and show meaningful progress before you are granted parole.

If your application is refused, you will be given the reasons for the refusal in writing. You will also be told when you can next apply for parole, which will be within 2 years of the refusal decision.

The Parole Board may also offer guidance in its refusal decision on what steps you need to take to make a successful application in future.

Legal Aid Scheme

If you need legal representation while dealing with the Parole Board, you can get financial support through the Parole Board’s Legal Aid Scheme. This is available to prisoners who are applying for parole or already on parole, and also to relevant victims of crime.

The scheme is not means tested. You can read more about the Parole Board’s Legal Aid Scheme (pdf).

Victims of crime and the parole process

If you are a victim of a crime where the offender has been sentenced to life in prison, you can register with the Parole Board. If you register and the offender applies for parole, you will be asked if you wish to make a submission to the Parole Board.

Irish Association for Social Inclusion Opportunities

The Irish Prison Service works with the Irish Association for Social Inclusion Opportunities (IASIO) to support you during your release from prison so that you can reintegrate into the community.

IASIO provides 3 services to support the reintegration process.

The Linkage Service

The Linkage Service can help you with career guidance, reading and writing skills, applying for college, and finding work.

You need to be referred to the service by your Probation Officer or Community Service Supervisor.

The ‘Gaining Access to Training and Employment’ (GATE) Service

The GATE Service can provide guidance counselling and help you with finding training or employment after your release from prison.

You need to have less than 18 months left on your sentence and you need to be referred to the service by someone from the prison, such as the Governor, Chief Officer, Chaplain, etc.

The Resettlement Service

The Resettlement Service can provide help with planning for life after prison, accessing health services and emergency accommodation, and applying for housing, medical cards and social welfare benefits.

You need to have less than 18 months left on your sentence and you need to be referred to the service by someone from the prison, such as the Governor, Chief Officer, Chaplain, etc.

Other post-release supports

You may get additional support from the Probation Service. They refer offenders to community projects around Ireland, to help them to reintegrate and resettle in the community. You can find contact details for local Probation Services.

The Irish Penal Reform Trust has compiled a list of organisations across Ireland which provide advice and support to prisoners and former prisoners. There are also several organisations dedicated to supporting the families of prisoners.