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High Court determines that prisoner was unlawfully detained and orders release, having concluded that the applicant had successfully participated in authorised structured activities while in prison, and so was entitled to such enhanced remission of his sentence.
Criminal law – inquiry pursuant to Article 40.4.2 of the Constitution – habeas corpus – whether a prisoner who is of good conduct and engages in authorised structured activities within the prison, is entitled to enhanced remission of one third of his or her sentence having regard to the provisions of Rule 59(2) of the Prison Rules 2007 (S.I. No. 252 of 2007) – power to remit sentences – Article 13.6 of the Constitution – Rule 27(2) of the Prison Rules 2007 – Minister had fettered his discretion – Minister would have bound to have concluded in the circumstances that the applicant satisfied the requirements of Rule 59(2) – applicant released.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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