PAROLE ACT 2019

• (4) The Board may, where it is considering the revocation of a parole order and is not satisfied of the matters specified in subsection (1)(a) and (b), vary a condition attaching to the parole order or the date of release specified in the order and the provisions of subsections (3) to (6) of section 31 shall apply to the variation with all necessary modifications.

• (5) A decision of the Board in respect of the revocation of a parole order shall—

• (a) be in writing,

• (b) where the Board decides to revoke the parole order, specify—

• (i) the time and date at which the revocation shall take effect,

• (ii) where the person to whom the decision relates is not detained in prison, the time and date at which, and the place to which, the person is to return to prison, and

• (iii) a date, not later than 2 years after the date of the making of the decision, on which the person shall become eligible again for parole,

• (c) include reasons for the decision, and

• (d) 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.

• (6) The Board shall, as soon as practicable after the making of a decision in relation to the revocation of a parole order—

• (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,

and

• (b) notify the Minister and, where it considers it appropriate, the relevant victim, in writing of the making of the decision.

• (7) Where the Board decides under this section to revoke a parole order which has been suspended pursuant to section 34(3), the suspension of the parole order shall continue to have effect until the time and date specified in the decision of the Board at which the revocation shall take effect pursuant to subsection (5)(b)(i).

• (8) Where the Board decides under this section not to revoke a parole order which has been suspended pursuant to section 34(3), the suspension of the parole order shall cease to have effect.

34. Persons unlawfully at large

34. (1) A person who, by reason of having been released on parole, is at large shall be deemed to be unlawfully at large if—

• (a) a condition to which his or her release was made subject has been broken, or

• (b) his or her parole order is revoked and he or she fails to return to the place specified, at the time and date specified, in the decision so revoking pursuant to section 33(5)(b)(ii).

• (2) A person who is unlawfully at large shall be guilty of an offence under this section and on summary conviction thereof shall be liable to imprisonment for a term not exceeding 6 months.

• (3) Where, by reason of the breach of a condition to which his or her release on parole was made subject, a person is deemed to be unlawfully at large and is arrested under section 35, the parole order pursuant to which he or she was released shall thereupon stand suspended pending a decision of the Parole Board under section 33 as to whether the parole order should be revoked.

• (4) The currency of the sentence of a person who is unlawfully at large for any period shall be suspended in respect of the whole of that period.

35. Arrest of person unlawfully at large

35. A member of the Garda Síochána may arrest without warrant a person whom he or she suspects to be unlawfully at large and may take such person to the place in which he or she is required in accordance with law to be detained.

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

36. (1) Where a person has been arrested under section 35, the Irish Prison Service shall notify the Board of the person’s arrest as soon as practicable thereafter.

• (2) Where the Board is notified under subsection (1) of a person’s arrest, the Board shall, as soon as practicable after being so notified, consider whether the parole order relating to the person should be revoked pursuant to section 33.

PART 4 Miscellaneous

37. Amendment of Criminal Justice Act 2007

37. Section 25(8) of the Criminal Justice Act 2007 is amended—

• (a) in paragraph (b), by the substitution of “in prison,” for “in prison, or”,

• (b) in paragraph (c), by the substitution of “Criminal Justice Act 1960, or” for “Criminal Justice Act 1960.”, and

• (c) by the insertion of the following paragraph after paragraph (c):

• “(d) released on parole within the meaning of the Parole Act 2019.”.

38. Amendment of Defamation Act 2009

38. Section 17 of the Defamation Act 2009 is amended—

• (a) in subsection (2)—

• (i) in paragraph (w), by the substitution of “State, or” for “State.”, and

• (ii) by the insertion of the following paragraphs after paragraph (w):

• “(x) made in the course of the consideration by the Parole Board of—

• (i) an application for parole, or

• (ii) the variation or revocation of a parole order,

where the statement is connected with that consideration, or

• (y) contained in a decision of the Parole Board, or a notification of such a decision, pursuant to the Parole Act 2019 or a parole order.”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) In this section, ‘application for parole’ and ‘parole order’ have the meanings they have in the Parole Act 2019.”.

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

39. Section 31(1)(a) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended—

• (a) in subparagraph (ii), by the substitution of “Criminal Justice Act 1960,” for “Criminal Justice Act 1960, or”, and

• (b) by the insertion of the following subparagraph after subparagraph (ii):

• “(iia) the offender is released on parole within the meaning of the Parole Act 2019, or”.

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

40. Section 58(7) of the Criminal Law (Sexual Offences) Act 2017 is amended—

• (a) in paragraph (b), by the substitution of “in prison,” for “in prison, or”,

• (b) in paragraph (c), by the substitution of “Criminal Justice Act 1960, or” for “Criminal Justice Act 1960.”, and

• (c) by the insertion of the following paragraph after paragraph (c):

• “(d) released on parole within the meaning of the Parole Act 2019.”.

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

41. Section 8 of the Criminal Justice (Victims of Crime) Act 2017 is amended—

• (a) in subsection (2)(m)—

• (i) by the insertion of the following subparagraphs after subparagraph (iv):

• “(iva) any application for parole by the person,

• (ivb) any release of the person on parole and any conditions attaching to such release which relate to the victim, and”,

and

• (ii) in subparagraph (v), by the substitution of “in custody, on temporary release from prison under section 2 or 3 of the Act of 1960 or on parole” for “in custody or on temporary release from prison under section 2 or 3 of the Act of 1960”,

and

• (b) by the insertion of the following subsection after subsection (8):

• “(9) In this section, ‘application for parole’ and ‘parole’ have the meanings they have in the Parole Act 2019.”.