ABSTRACT
By virtue of the constitutional separation of powers, the selection of sentence in Ireland is exclusively a judicial function. Most prisoners serving determinate sentences are entitled to one-quarter remission of sentence, although in certain circumstances this may increase to one third of the overall sentence. Additionally, the executive branch of government is empowered to grant early or temporary release to most prisoners. This is treated as a privilege rather than a right which means that the courts are reluctant to grant review of executive decisions relating to early release. The courts do, however, insist that certain standards of procedural fairness be observed when temporary release is being revoked prior to its intended expiry date. Ireland has had a non-statutory Parole Board since 2001 but its sole function is to advise the Minister for Justice, Equality and Law Reform on the early release of long-term prisoners.
