Parole Act 2019

31

Variation of parole order

31. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), vary—

(a) a condition attaching to a parole order, whether by the alteration, addition or revocation of a condition, or

(b) where the parolee has not yet been released on parole, the date specified in the parole order by which he or she shall be so released.

(2) An application to vary a parole order under subsection (1) may be made by or on behalf of—

(a) the parolee,

(b) the Probation Service,

(c) the Irish Prison Service,

(d) the Commissioner of the Garda Síochána,

(e) the Minister, or

(f) such other person as the Board considers appropriate.

(3) A decision of the Board in respect of the variation of a condition attaching to a parole order or of a date for release specified in a parole order, as the case may be, shall—

(a) be in writing,

(b) include reasons for the decision, and

(c) not include, other than to the extent the Board considers it necessary, any information that identifies, or could identify, a relevant victim or his or her place of residence.

(4) Where the Board varies a condition attaching to a parole order—

(a) the variation shall take effect from a date to be specified in the decision so varying, and

(b) the variation shall have effect from that date as a condition of the parole order to which it is attached.

(5) Where the Board varies a date for release specified in a parole order, the date as so varied shall be deemed to be the date specified in the order in accordance with section 28(1)(c) as the date on or before which the person shall be released on parole.

(6) The Board shall, as soon as practicable after the making of a decision in relation to the variation of a condition attaching to a parole order or the date of release specified in a parole order, as the case may be, under this section—

(a) provide a copy of the decision to—

(i) the parolee,

(ii) the Irish Prison Service,

(iii) the relevant governor,

(iv) the Probation Service, and

(v) the Commissioner of the Garda Síochána,

(b) notify the Minister in writing of the making of the order, and

(c) where it considers it appropriate, notify the relevant victim in writing of the making of the decision and of any condition so varied of relevance to him or her or the date of release so varied, as the case may be.