Ryan v Governor of Limerick Prison

JurisdictionIreland
Judgment Date15 November 1988
Date15 November 1988
Docket Number[1988 No. 310 J.R.]
CourtHigh Court

High Court

[1988 No. 310 J.R.]
Ryan v. Governor of Limerick Prison
Edward Ryan
Applicant
and
Governor of Limerick Prison and the Minister for Justice
Respondents

Case mentioned in this report:—

The State (Murphy) v. Governor of St. Patrick's Institution [1985] I.L.R.M. 141.

Judicial review - Natural justice - Prisoner - Temporary release - Expiry - Whether prisoner entitled to be heard on failure to renew temporary release.

Judicial Review.

The facts are briefly set out in the judgment of Murphy J., post. By letter dated the 27th October, 1988, the first respondent sent to the Central Office of the High Court the applicant's statement of grounds for the judicial review sought, together with his grounding affidavit, and copies of the original warrant for imprisonment and the temporary release order dated the 30th September and expiring on the 7th October, 1988. In his affidavit the applicant deposed that he had been granted a succession of temporary releases in September, culminating in the period from the 30th September to the 7th October, 1988. On the 4th October he had been visited by a welfare officer, who informed him that he would be seeing him twice a week and making monthly reports to the Department of Justice, and that the applicant was to call to the social welfare office to claim unemployment benefit (which he did) and that his wife had received a letter from the same office telling her to return the prisoner's allowance book as the applicant had been released from prison. He stated that after the temporary release was not renewed on the 7th October, 1988, he was informed by Fr. Joe Young of the prison visiting committee that the reason for non-renewal was because the gardai in Limerick had informed the Department of Justice that the crime rate had gone up in Limerick since the applicant's temporary release, and that on the 10th October the first respondent had told the applicant that he believed Fr. Young's information to be correct. The affidavit concluded with a request that the High Court in its decision consider the decision of the Supreme Court in The State (Murphy) v. Governor of St. Patrick's Institution [1985] I.L.R.M. 141. The decision of the High Court on the application for judicial review was given on the 15th November, 1988, the court not deeming it necessary to require the attendance of the applicant for the purposes of delivery of the decision.

Since a temporary release is a privilege or concession in the giving...

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15 cases
  • Doherty v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 24 November 2000
    ...HARBOUR COMMISSIONERS 1989 ILRM 416 EMERGENCY POWER, RE 1977 IR 159 DPP, PEOPLE V FARRELL 1978 IR 13 RYAN V GOV OF LIMERICK PRISON 1988 IR 198 MURPHY, STATE V KIELT 1984 IR 458 NORTHERN IRELAND (EMERGENCY) PROVISIONS ACT 1973 INSPECTOR OF TAXES V KIERNAN 1981 IR 117 Synopsis: Prisons ......
  • McAlister v Minister for Justice
    • Ireland
    • High Court
    • 11 April 2002
    ...26.3.2001 P & L & B V MIN FOR JUSTICE & AG 2002 1 ILRM 38 RUSSELL V DUKE OF NORFOLK 1949 1 AER 109 RYAN V GOV OF LIMERICK PRISON & ANOR 1988 IR 198 Synopsis: JUDICIAL REVIEW Temporary Release Compassionate leave - Reasons - Discovery - Ultra Vires - Constitution - Legitimate expectation - ......
  • Callely v Minister for Justice & Equality and Another
    • Ireland
    • High Court
    • 21 July 2015
    ...the learned judge cited with approval the following passage from the decision of Murphy J. in Ryan v. Governor of Limerick Prison [1988] I.R. 198:- ‘The temporary release is a privilege or concession to which a person in custody has no right and indeed it has never been argued, so far as I ......
  • Lynch v Minister for Justice Equality and Law Reform; Whelan v same
    • Ireland
    • Supreme Court
    • 14 May 2010
    ...to temporary release; it is in the nature of a privilege or concession granted by the executive: Ryan v. Governor of Limerick Prison [1988] I.R. 198. In exercising its discretion to temporarily release a prisoner the Minister is not making a decision determining the sentence or punishment ......
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