Parole Act 2019
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Revocation of parole order | ||
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33. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), revoke a parole order where it is satisfied that— | ||
(a) the parolee who is the subject of the order— | ||
(i) poses an undue risk to the safety and security of the public, or | ||
(ii) has breached a condition attaching to the order, | ||
and | ||
(b) the revocation of the order is justified by the gravity of the risk or breach of the condition, as the case may be. | ||
(2) An application to revoke a parole order under subsection (1) may be made by or on behalf of— | ||
(a) the Probation Service, | ||
(b) the Irish Prison Service, | ||
(c) the Commissioner of the Garda Síochána, | ||
(d) the Minister, or | ||
(e) such other person as the Board considers appropriate. | ||
(3) The Board shall, in considering whether to revoke a parole order, have regard to such matters as it considers appropriate, including— | ||
(a) the circumstance giving rise to the consideration of the revocation, | ||
(b) any report relating to the parolee prepared and furnished to the Board pursuant to a direction in that regard under section 13 , | ||
(c) any meeting with the parolee conducted in accordance with procedures determined under section 14 , | ||
(d) any submissions made by or on behalf of the parolee in accordance with procedures determined under section 14 , and | ||
(e) any submissions made by or on behalf of the relevant victim in accordance with procedures determined under section 14 . | ||
(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. |