Parole Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 28/2019
• Year: 2019

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 28 of 2019

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PAROLE ACT 2019

REVISED

Updated to 27 December 2021

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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 Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Criminal Justice (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, 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.

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Number 00 of 0000

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PAROLE ACT 2019

REVISED

Updated to 27 December 2021

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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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 (Amendment) Act 2021 (36/2021)

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 21 December 2021, 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 (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, were considered in the preparation of this revision.

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Number 28 of 2019

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PAROLE ACT 2019

REVISED

Updated to 27 December 2021

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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)

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Number 28 of 2019

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PAROLE ACT 2019

REVISED

Updated to 27 December 2021

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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:

PART 1

Preliminary and General

1.

Short title and commencement

1. (1) This Act may be cited as the Parole Act 2019.

(2) This Act shall come into operation on such day or days as may be fixed by order or orders made by the Minister, either generally or by reference to any particular purpose or provision, and different days may be so fixed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (30.07.2021) by Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021).

2. The 30th day of July 2021 is fixed as the day on which the Parole Act 2019 (No. 28 of 2019) shall come into operation.

2.

Interpretation

2. (1) In this Act—

“Act of 1960” means the Criminal Justice Act 1960;

“Act of 2001” means the Children Act 2001;

“Act of 2005” means the Health and Social Care Professionals Act 2005;

“Act of 2006” means the Criminal Law (Insanity) Act 2006;

“Act of 2007” means the Medical Practitioners Act 2007;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“application for parole” has the meaning assigned to it by section 26(3);

“Board” means the Parole Board established under section 8 (1);

“chief executive”, in relation to the Board, has the meaning assigned to it by section 18(1);

“child”, other than in the definition of family member, means a person who has not attained the age of 18 years;

“children detention school” has the meaning it has in section 3(1) of the Act of 2001;

“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“designated centre” has the meaning it has in section 1 of the Act of 2006;

“eligible for parole”, in relation to a person, means eligible for parole in accordance with section 24;

“establishment day” means the day appointed under section 7;

“family member”, in relation to a victim, means—

(a) a spouse, civil partner or cohabitant of the victim,

(b) a child or step-child of the victim,

(c) a parent or grandparent of the victim,

(d) a brother, sister, half brother or half sister of the victim,

(e) a grandchild of the victim,

(f) an aunt, uncle, nephew or niece of the victim, and

(g) any other person—

(i) who was dependent on the victim, or

(ii) who the Board considers had a sufficiently close connection with the victim as to warrant his or her being treated as a family member;

“governor”, in relation to a prison, means—

(a) the governor of the prison, or

(b) a person who is for the time being performing the functions of governor of the prison;

“Irish Prison Service” means the prison service of the Department of Justice and Equality, which is charged with the management of prisons;

“legal representative” means a practising solicitor or a practising barrister;

“Minister” means the Minister for Justice and Equality;

“parole” means the release from prison pursuant to a parole order of a person serving a term of imprisonment prior to the expiry of that term;

“parole applicant” means a person who has made an application for parole;

“parolee” means a person who is the subject of a parole order;

“parole order” has the meaning assigned to it by section 27(1);

“prison” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes—

(a) a place provided under section 2 of the Prisons Act 1970, and

(b) a place specified under section 3 of the Prisons Act 1972;

“probation officer” means a person appointed by the Minister to be a probation officer;

“Probation Service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;

“medical practitioner” means a medical practitioner who is for the time being registered in the register of medical practitioners;

“psychiatrist” means a medical practitioner who is for the time being registered in the Specialist Division of the register of medical practitioners under the medical specialty of “Psychiatry” or under the medical specialty of “Child and Adolescent Psychiatry”;

“psychologist” means a person—

(a) who practices as such,

(b) who holds a qualification listed opposite the profession of psychologist in the third column of Schedule 3 to the Act of 2005 or a qualification that is a corresponding qualification, within the meaning of section 90 of that Act, to that qualification, and

(c) following the establishment under section 36 of the Act of 2005 of the register of members of the profession of psychologist, whose name is for the time being entered in that register;

“register of medical practitioners” means the...