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Prisoner’s application for enhanced remission was refused on “impermissibly narrow” construction of rule
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High Court, by way of judicial review, quashes order refusing prisoner’s application for enhanced remission, on the grounds that the prison authorities had adopted an “impermissibly narrow” construction of a prison rule governing remission.
Criminal law – judicial review – remission – prison law – Rule 59 of the Prison Rules, 2007 – Article 40.4 – High Court order was overturned only on the basis of the inappropriateness of the remedy – amended version of Rules 27(2) and 59(2), introduced by S.I. 385/2014 – whether prisoners have a legitimate expectation of extended remission – a prisoner who seeks extended remission is entitled to have his or her application considered in a fair and rational manner – refusal of remission was made on the basis of an impermissibly narrow construction of a rule that was intended to incentivise the broad prison population – Minister’s order quashed.
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