M v The Parole Board & ors (Unapproved) [2020] IESC 24 (12 May 2020)

M v The Parole Board & ors (Unapproved) [2020] IESC 24 (12 May 2020)

Section 2 of the Criminal Justice Act 1960, as amended, does not apply to prisoners transferred to the Central Mental Hospital under the Criminal Law (Insanity) Act 2006. The CMH is not a prison or a place provided under the relevant prison statutes. The statutory framework does not permit the Minister to grant temporary release or parole to such prisoners while they are detained in the CMH. The appellant's exclusion from parole consideration is a consequence of the statutory scheme and not a breach of constitutional or ECHR rights. The Minister's discretion is limited by statute and was not unlawfully fettered.

Citation
[2020] IESC 24
Parties
Appellant: M.; Respondent: The Parole Board; Respondent: The Minister for Justice & Equality
Jurisdiction
Ireland
Judgment Date
12 May 2020
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Parole Eligibility, Temporary Release, Prisoners With Mental Illness, Statutory Interpretation, Executive Discretion, Equality Guarantee, European Convention on Human Rights
Criminal Law Mental Health Law Constitutional Law Parole Eligibility Temporary Release Prisoners With Mental Illness Statutory Interpretation Executive Discretion +2 more

Case Brief

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Parties

M.

Appellant

The Parole Board

Respondent

The Minister for Justice & Equality

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a long-term prisoner transferred to the Central Mental Hospital for mental illness is entitled to be considered for conditional release or parole.
  2. 2 Whether the Minister for Justice has the statutory power to grant temporary release to such a prisoner under s.2 of the Criminal Justice Act 1960.
  3. 3 Whether exclusion from parole consideration breaches constitutional or ECHR rights.

Ratio Decidendi

Section 2 of the Criminal Justice Act 1960, as amended, does not apply to prisoners transferred to the Central Mental Hospital under the Criminal Law (Insanity) Act 2006. The CMH is not a prison or a place provided under the relevant prison statutes. The statutory framework does not permit the Minister to grant temporary release or parole to such prisoners while they are detained in the CMH. The appellant's exclusion from parole consideration is a consequence of the statutory scheme and not a breach of constitutional or ECHR rights. The Minister's discretion is limited by statute and was not unlawfully fettered.

Court Disposition

appeal dismissed