Parole Act 2019


Number 28 of 2019


PAROLE ACT 2019

REVISED

Updated to 3 May 2023


This Revised Act is an administrative consolidation of the Parole Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 28 of 2019


PAROLE ACT 2019

REVISED

Updated to 3 May 2023


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)

Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

Criminal Justice (Amendment) Act 2021 (36/2021)

All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Parole Act 2019 (Establishment Day) Order 2021 (S.I. No. 406 of 2021)

Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021)

All statutory instruments up to and including Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this revision.


Number 28 of 2019


PAROLE ACT 2019

REVISED

Updated to 3 May 2023


CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Nomination of family members

4. Regulations

5. Expenses

6. Application of Act

PART 2

The Parole Board

7. Establishment day

8. Establishment of Board

9. Functions of Board

10. Membership of Board

11. Term of appointment of members of Board

12. Resignation, removal, disqualification, ineligibility etc. for office of member of Board

13. Powers of Board

14. Procedures of Board

15. Meetings

16. Liability of Board and chief executive

17. Staff of Board

18. Chief executive of Board

19. Superannuation

20. Accounts and audit

21. Accountability of chief executive to Public Accounts Committee

23. Reports

PART 3

The Parole Process

24. Eligibility for Parole

25. Notification by Irish Prison Service of eligibility for parole

26. Application for parole

27. Decision on parole

28. Parole order

29. Compliance by relevant governor with parole order

30. Refusal of application for parole

31. Variation of parole order

32. Specification of condition attaching to parole order

33. Revocation of parole order

34. Persons unlawfully at large

35. Arrest of person unlawfully at large

36. Consideration of revocation of parole order of person unlawfully at large

PART 4

Miscellaneous

37. Amendment of Criminal Justice Act 2007

38. Amendment of Defamation Act 2009

39. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

40. Amendment of Criminal Law (Sexual Offences) Act 2017

41. Amendment of Criminal Justice (Victims of Crime) Act 2017


Acts Referred to

Children Act 2001 (No. 24)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Service Regulation Acts 1956 to 2005

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)

Criminal Justice (Release of Prisoners) Act 1998 (No. 36)

Criminal Justice (Temporary Release of Prisoners) Act 2003 (No. 34)

Criminal Justice (Victims of Crime) Act 2017 (No. 28)

Criminal Justice Act 1951 (No. 2)

Criminal Justice Act 1960 (No. 27)

Criminal Justice Act 1990 (No. 16)

Criminal Justice Act 2007 (No. 29)

Criminal Law (Insanity) Act 2006 (No. 11)

Criminal Law (Sexual Offences) Act 2017 (No. 2)

Defamation Act 2009 (No. 31)

European Parliament Elections Act 1997 (No. 2)

Firearms Act 1964 (No. 1)

Health and Social Care Professionals Act 2005 (No. 27)

Medical Practitioners Act 2007 (No. 25)

Misuse of Drugs Act 1977 (No. 12)

Prisons Act 1970 (No. 11)

Prisons Act 1972 (No. 7)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Universities Act 1997 (No. 24)


Number 28 of 2019


PAROLE ACT 2019

REVISED

Updated to 3 May 2023


An Act to provide for the establishment of a body to be known as An Bord Parúil or, in the English language, the Parole Board; to provide for its functions; to amend certain enactments; and to provide for related matters.

[23rd July, 2019]

Be it enacted by the Oireachtas as follows: