Control over who is freed early at heart of Callely battle

At the heart of Ivor Callely’s legal efforts to secure enhanced remission of a third of his jail term is the framing of the parameters around which the relatively new concept is operated.

The State, via the Irish Prison Service, is keen to maintain total discretion over who is granted remission of a third – as opposed to the standard quarter – and who is refused.

The Department of Justice and prison service fear if case law emerges that takes that control out of its officials’ hands, the reason for the creation of enhanced remission will be lost and jail terms will become shorter for all prisoners.

Last December, Real IRA leader Michael McKevitt argued in the High Court that his engagement with the educational services in Portlaoise Prison meant he was entitled to be released immediately under enhanced remission from his 20-year sentence.

Strengthening

discretion He lost his case in a ruling interpreted in justice circles as strengthening the discretion of the prison system in granting enhanced remission very sparingly and only to those who met a wide range of strict criteria.

Callely, like all prisoners, was entitled to 25 per cent remission when in jail last year. It is automatic and does not have to be earned, despite often being referred to as “time off for good behaviour”.

Enhanced remission of a third off a sentence is linked to good behaviour. It has been introduced in recent years by the director general of the prison service Michael Donnellan.

Those prisoners whose behaviour is exemplary are entitled to be placed on an incentivised regime. Under it they enjoy a range of rewards – from slightly higher daily gratuity payments to spend in the tuck shop to longer visiting hours and longer and more frequent phone calls to loved ones.

Increased remission

For those who engage best with the rehabilitative services on offer

, such as addiction and anger-management courses as well as education and training and activities specific to breaking their offending pattern, increased remission is used as a longer-term incentive.

Aside from behaving well and making progress to better themselves, prisoners granted enhanced remission must also take responsibility for their crimes and be regarded as being at low risk of reoffending and having served a sentence proportionate to their offences.