Parole Act 2019

28

Parole order

28. (1) A parole order shall—

(a) be in writing,

(b) specify the person to whom it relates,

(c) direct that the person shall be released on parole on or before such date as may be specified in the order, which date shall be not more than 18 months from the date of the making of the order, and

(d) direct that the release on parole of the person shall be subject to—

(i) such conditions, if any, as may be specified in the order, having regard to the circumstances of the case,

(ii) such conditions, if any, as are specified in procedures determined under section 14 and are applicable to the person to whom the order relates or the class of persons to which he or she belongs, and

(iii) the condition that the person does not commit an offence while on parole.

(2) A parole order shall 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.

(3) A parole order shall have effect—

(a) where the person is serving one sentence of imprisonment for a determinate term only—

(i) until the sentence of imprisonment expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

(b) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served concurrently—

(i) until the longest sentence of imprisonment being served by the person expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

(c) where the person is serving two or more sentences of imprisonment, each of a determinate term, to be served consecutively—

(i) until the sentence of imprisonment to be served last by the person expires,

(ii) until the order is revoked, or

(iii) for so long as the order is not suspended under section 34(3),

or

(d) where the person is serving a sentence of imprisonment for life, until the order is revoked or for so long as it is not suspended under section 34(3).

(4) Without prejudice to the generality of subsection (1)(d)(i), a parole order may specify that the release of the person to whom it relates on parole shall be subject to any one or more of the following conditions:

(a) that the person submit to supervision by the Probation Service;

(b) that the person resides or remains in a particular district or place in the State;

(c) that the person refrains from attending at such premises or other place as the order may specify;

(d) that the person refrains from having any contact with such person or persons as the order may specify.

(5) A person released on parole pursuant to a parole order shall comply with any conditions to which his or her release is made subject.

(6) Where the Board makes a parole order, it shall, as soon as practicable after the making thereof—

(a) provide a copy of the order to—

(i) the parole applicant to whom it relates,

(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 order and of any conditions attaching to such release which relate to the victim.

Annotations:

Amendments:

F7

Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5 and sch. 3 ref. 8, not commenced as of date of revision, subject to transitional provisions in s. 24.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (4)(b) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 5 and sch. 3 ref. 8, not commenced as of date of revision, subject to transitional provisions in s. 24.

(b) that the person resides or remains in a particular F7[area] or place in the State;