How long is a prison year?

meoklmrk91

Please excuse me if this sounds idiotic but some eejit is after telling me this (they fully believe it) and after googling I haven't been able to come up with anything.

They say that each year the prisoner only does time for the weekdays, not weekends or national holidays, Christmas etc. not that they are left out but that that someone calculates all the days up minus the weekends etc. and once they have served that time (200 some odd days) they have served the prison year and they move onto the next one?

I feel like a moron even writing this, ugh. But I just have to know.

Also I had no idea where to put this, so mods if you feel this isn't right, my apologies and feel free to move it.

Mikros

That's pretty much nonsense.

Though saying that every prisoner is automatically entitled to remission of one-quarter of their prison sentence. So if someone is sentenced to a 1 year, they would be out in 9 months so maybe that is what they mean in a round about way. Nothing to do with weekends though...

Iang87

meoklmrk91 wrote: »

Please excuse me if this sounds idiotic but some eejit is after telling me this (they fully believe it) and after googling I haven't been able to come up with anything.

They say that each year the prisoner only does time for the weekdays, not weekends or national holidays, Christmas etc. not that they are left out but that that someone calculates all the days up minus the weekends etc. and once they have served that time (200 some odd days) they have served the prison year and they move onto the next one?

I feel like a moron even writing this, ugh. But I just have to know.

Also I had no idea where to put this, so mods if you feel this isn't right, my apologies and feel free to move it.

Ya they wouldnt be far off. A prison year as much as i heard is 9 months. How they work out the 9 months I'm not sure but this person may believe that Weekends (52*2) + Bank Holidays (9 I think) is 113 days which is roughly quarter of the year

Fred Swanson

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hullaballoo

This looks an awful lot like accountants' logic to me. (No offence to accountants at all, I just don't understand it!)


In general, and there are exceptions, there is an automatic entitlement to one quarter remission of a sentence. "Good behaviour" can lead to a further reduction.

However, this is a reduction of the overall sentence. It is not in any way to say that a prison year is 9 months.

For example, if someone is sentenced to 12 years and they qualify for the automatic remission, they should serve 9 years. But they were still sentenced to 12 years, not 9 years. The nine years they serve are 365/366 days long.


The fact that discounting weekends and Bank/Public Holidays leads to a similar outcome is nothing more than mathematical coincidence.

Fred Swanson

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hullaballoo

Fred Swanson wrote: »

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From what I remember, it's discretionary and up to the Prison Service. It varies, ostensibly on the basis of the level of good behaviour, such as goals achieved etc.

However, the reality is that good behaviour is really just behaviour that isn't bad behaviour and I would imagine that logistics and overcrowding play a role. Also, media interest is going to be important. In high-profile cases where there is a lot of public outcry at the offence(s) committed, early release is less likely.

Generally, things like kicking whatever drug habit landed you in prison is something that will be taken into account as will participation in other rehabilitative programmes.

A criminal practitioner might be able to shed more light on this stuff, I'm just pulling this from my memories of a few criminal justice modules from a post grad!

Mikros

hullaballoo wrote: »

From what I remember, it's discretionary and up to the Prison Service. It varies, ostensibly on the basis of the level of good behaviour, such as goals achieved etc.

However, the reality is that good behaviour is really just behaviour that isn't bad behaviour and I would imagine that logistics and overcrowding play a role. Also, media interest is going to be important. In high-profile cases where there is a lot of public outcry at the offence(s) committed, early release is less likely.
!

Rule 59 of the prison rules (SI No. 252/2007) made under Section 35 of the Prisons Act 2007 set out the rules around remission. Every prisoner is entitled to an automatic 1 quarter remission of their sentence which can be extended to one third if the prisoner actually engages with what could actually be considered "good behavior" as opposed to just not engaging in bad behavior.

The level of publicity or the crime committed (except if it is a life sentence) has no bearing on remission - every prisoner is entitled to it so long as they are of good behavior.

Fred Swanson

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coylemj

Fred Swanson wrote: »

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More or less. I think the remission is only 'automatic' if you keep your nose clean, otherwise the Governor can impose what are effectively extensions to the stretch (net of remission) but since only the courts can impose terms of imprisonment, this is done by imposing a punishment called 'loss of remission'.

So if you get 12 months and behave, you'll be out in 9 months but the governor can keep you in for up to 3 months extra if you're a bad boy.

For people on long stretches who don't have much incentive to behave, they can impose 'loss of privileges', not sure what form that takes nowadays, maybe they switch off the Wi-Fi an hour early!

salmocab

I remember years ago a heroine dealer did a runner while out on temporary release and when they caught her she lost 2 weeks off her remission, that showed her.

hullaballoo

Mikros wrote: »

The level of publicity or the crime committed (except if it is a life sentence) has no bearing on remission - every prisoner is entitled to it so long as they are of good behavior.

I was talking about the discretionary additional period of remission and that is clear from the posting sequences.

I think it is somewhat naive to think that the discretionary part of whatever remission is ultimately granted would not be subject to political scrutiny. For example, I don't believe that had Larry Murphy learnt to paint while in prison, the Minister would have elected to release him even earlier.

NipNip

coylemj wrote: »

More or less. I think the remission is only 'automatic' if you keep your nose clean, otherwise the Governor can impose what are effectively extensions to the stretch (net of remission) but since only the courts can impose terms of imprisonment, this is done by imposing a punishment called 'loss of remission'.

So if you get 12 months and behave, you'll be out in 9 months but the governor can keep you in for up to 3 months extra if you're a bad boy.

For people on long stretches who don't have much incentive to behave, they can impose 'loss of privileges', not sure what form that takes nowadays, maybe they switch off the Wi-Fi an hour early!

They get put in segregation if they're very bold. They can lose their phonecall privileges etc.

Mikros

hullaballoo wrote: »

I was talking about the discretionary additional period of remission and that is clear from the posting sequences.

I think it is somewhat naive to think that the discretionary part of whatever remission is ultimately granted would not be subject to political scrutiny. For example, I don't believe that had Larry Murphy learnt to paint while in prison, the Minister would have elected to release him even earlier.

I didn't pick up from your original post that you were referring to only the discretionary part of the remission, but 100% agree with the above.

I think it is fair to say the general public might not always be aware of the near automatic entitlement to 25% off though.

Carawaystick

coylemj wrote: »

For people on long stretches who don't have much incentive to behave, they can impose 'loss of privileges', not sure what form that takes nowadays, maybe they switch off the Wi-Fi an hour early!

I heard Tommy O' Gorman talking to women who's fellas were in Mountjoy around the time the govt announced the cops were bugging phones. They said you get another 6 minute phone call a day as a privilege.

meoklmrk91

Mikros wrote: »

Rule 59 of the prison rules (SI No. 252/2007) made under Section 35 of the Prisons Act 2007 set out the rules around remission. Every prisoner is entitled to an automatic 1 quarter remission of their sentence which can be extended to one third if the prisoner actually engages with what could actually be considered "good behavior" as opposed to just not engaging in bad behavior.

The level of publicity or the crime committed (except if it is a life sentence) has no bearing on remission - every prisoner is entitled to it so long as they are of good behavior.

Does that mean that lifers aren't entitled to 25% remission? It would be hard to implement in their case when it is up to minister to decide when they are going to be released?

Pro Hoc Vice

meoklmrk91 wrote: »

Does that mean that lifers aren't entitled to 25% remission? It would be hard to implement in their case when it is up to minister to decide when they are going to be released?

(3) This Rule shall not apply to a prisoner who is serving a term of imprisonment ordered under section 18 of the Enforcement of Court Orders Act 1926 (No.18 of 1926), a prisoner sentenced to life imprisonment or to a prisoner committed to prison for contempt of court.