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Offenders in children’s detention school entitled to same remission on sentences as other young offenders
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High Court orders the release of a minor who had been convicted of robbery and detained in a children's detention school, on grounds that offenders detained at the school were entitled to the same remission as offenders in any other juvenile detention facility.
Inquiry pursuant to Article 40.4.2 – habeas corpus – whether young offenders detained at children’s detention school are entitled to remission in respect of their sentences – Children Act 2001 – no explicit provision is made by law for such remission – unconstitutional discrimination contrary to Article 40.1 of the Constitution – s. 35 of the Prisons Act 2007 – Rule 59 of the Prison Rules (S.I. No. 252 of 2007) - power to order detention of child - – custodial regime which brings about such a stark difference in terms of the release dates of offenders simply because of the location of the place where they serve their period of detention as a result of the application of the remission rules to one place of detention (St. Patrick’s Institution), but not to another (Oberstown) immediately engages the application of Article 40.1 with its fundamental command of equality before the law – applicant’s continued detention at Oberstown is not in accordance with law - remedy for unconstitutional omission.
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