Parole Act 2019

13

Powers of Board

13. (1) The Board shall have all such powers as are necessary or expedient for the purposes of its functions, including—

(a) to direct that a report in writing relating to the relevant person be prepared by such person as it considers appropriate,

(b) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant person unless he or she proposes to engage one,

(c) to meet with a relevant person for the purposes of interviewing him or her or receiving oral submissions from him or her or his or her legal representative,

(d) to receive written submissions from a relevant person or his or her legal representative,

(e) where it is considering an application for parole or the revocation of a parole order, to assign a legal representative to the relevant victim where he or she wishes to make submissions to the Board, unless he or she proposes to engage one,

(f) to meet with a relevant victim for the purposes of receiving oral submissions from him or her or his or her legal representative,

(g) to receive written submissions from a relevant victim or his or her legal representative, and

(h) to apply to the Courts Service for a transcript of a court hearing which was held for the purposes of the consideration or imposition by the court of a sentence on a relevant person.

(2) Without prejudice to the generality of subsection (1)(a), the Board shall, for the purposes of considering an application for parole, the variation of a condition attaching to, or the date of release specified in, a parole order, or the revocation of a parole order, have the power to direct that a report in writing in respect of the relevant person be prepared and furnished to it by or on behalf of—

(a) the Irish Prison Service,

(b) in the case of a parole applicant, the person in charge of—

(i) a designated centre,

(ii) a children detention school, or

(iii) any institution other than a prison,

in which the parole applicant has, during the course of the term of imprisonment in respect of which he or she is being considered for parole, been detained,

(c) the Probation Service,

(d) the Commissioner of the Garda Síochána,

(e) a psychologist,

(f) a person in a place outside the State who is entitled under the law of that place to practise psychology,

(g) a psychiatrist,

(h) a person in a place outside the State who is entitled under the law of that place to practise medicine in the field of psychiatry or child and adolescent psychiatry,

(i) a medical practitioner, or

(j) a person in a place outside the State who is entitled under the law of that place to practise medicine.

(3) Where the Board directs that a report be prepared pursuant to this section, it shall specify in its direction the matters to be dealt with in the report in respect of the relevant person which matters may include any one or more of the following:

(a) details of the sentence imposed on the relevant person and the manner in which it has been served to date;

(b) the conduct of the relevant person;

(c) in the case of a parole applicant—

(i) the risk or likelihood, if he or she were to be released on parole, of him or her—

(I) committing another criminal offence,

(II) failing to comply with conditions attaching to the parole order, or

(III) presenting an undue risk to the safety and security of members of the public (including the relevant victim),

(ii) the extent to which the person has been rehabilitated and would, if released on parole, be capable of reintegrating into society, or

(iii) whether it is appropriate in all the circumstances that such a person be released on parole;

(d) such other matter as the Board may consider necessary to assist it in its consideration of the application for parole or of the variation or revocation of the parole order, as the case may be.

(4) Where the Board directs a person or body referred to in paragraph (a), (b), (c) or (d) of subsection (2) to prepare a report pursuant to that subsection, the person or body referred to in the direction shall, insofar as is possible, prepare such a report and furnish it to the Board as soon as practicable.

(5) Where the Board applies to the Courts Service for a transcript of a court hearing pursuant to subsection (1)(h), the Courts Service shall, insofar as is possible, provide a copy of the transcript to the Board as soon as practicable.

(6) The reasonable costs of a person who is directed under this section to prepare a report may be paid by the Board out of moneys at the disposal of the Board.

(7) A meeting between the Board and a relevant person may be conducted—

(a) in such place as the Board considers appropriate, including, where the person is detained in a prison, in that prison, and

(b) by such members of the Board, not fewer than 2 in number, as the chairperson may, in his or her discretion, determine.

(8) A meeting between the Board and a relevant victim may be conducted—

(a) in such place as the Board considers appropriate, and

(b) by such members of the Board, not fewer than 2 in number, as the chairperson may, in his or her discretion, determine.

(9) In this section and in section 14, “relevant person” means—

(a) where the Board is considering an application for parole, the parole applicant to whom the application relates, or

(b) where the Board is considering the variation of a condition attaching to, or the date of release specified in, a parole order, or the revocation of a parole order, the parolee to whom the order relates.