Policy Work

ICPO engages in policy and advocacy work on issues affecting Irish prisoners overseas and their families.

Transfer of Sentence (Repatriation)

Serving a prison sentence abroad is difficult for both the prisoner and his or her family.  People serving a sentence overseas may face language barriers, an unfamiliar legal system, loneliness and isolation among other problems. Many families cannot afford to visit their family member often or at all. This adds to the anxiety and stress of having a family member in prison.  Some Irish people in prison overseas therefore wish to transfer to an Irish prison to serve their sentence

Transfer to an Irish prison also provides people with an opportunity to adequately prepare for their release, allowing them to access essential supports and services in Ireland.

In May 2023, the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 came into force.  This Act transposes the EU Framework Decision 2008/909/JHA, which provides for transfers of sentence between EU countries.  The Act also contains a number of amendments to existing legislation relating to the transfer of sentence, which will facilitate transfers to and from non-EU countries including the UK.  The ICPO campaigned for many years for a fair, transparent and quick transfer process and we therefore welcomed the passage of the legislation.

We will continue to monitor the application of the legislation.  Since it came into force, we have had several meetings with the Irish Prison Service (IPS) and have found these meeting invaluable in getting an accurate picture of the process of applying for repatriation.

We are continuing to provide information and advice to prisoners who have applied for repatriation or are considering making an application.  Our factsheet on repatriation from the UK is currently available and we are finalising a factsheet on transfer from EU countries.

Returning to Ireland while on licence from the UK

Each year a small number of Irish people who have been released on licence in the UK seek to return to Ireland and resettle here during their licence period.  These prisoners have little or no connection with the UK and their families and support networks are in Ireland. The number of people seeking to resettle in Ireland has traditionally been small and the prisoners have generally been low risk.   For many years, it was accepted practice that the Probation Service would provide support and engagement to a number of individuals each year and this has been of benefit to these prisoners and their families. The support provided consisted mainly of home circumstances visits, voluntary supervision and referrals to agencies funded by the Probation Service.  This engagement facilitated the return of people on licence and their successful resettlement.

In recent years, the Probation Service has refused to engage with individuals seeking to return to Ireland on licence as there is no formal agreement between the two countries.  While the UK Probation Service may consent to Irish people returning to Ireland during their licence period, this happens very occasionally.

The ICPO will continue to work with relevant stakeholders to progress this issue.

Resettlement

People in prison face many challenges upon release, including accessing housing, income supports, employment opportunities, and essential services. Many Irish people, who have spent years living and being imprisoned abroad, struggle to adapt to life in Ireland post release. Recognising these challenges, the ICPO plays a key role in supporting people in prison before and after their release, which can make a  difference to how well people returning home after release can resettle and reintegrate into society. The ICPO developed a resource (Resettlement Handbook) containing practical information and advice for people returning to resettle in Ireland after service a prison sentence overseas.

Research carried out by the ICPO in 2015 entitled A Step At A Time – The Resettlement Needs of Irish People Returning From Prison Overseas highlighted the many challenges faced by Irish people returning from a prison sentence abroad. While the ICPO provides advice and support to those wishing to return to Ireland on completion of their sentence abroad, more work is required to ensure they are not further disadvantaged in relation to their reintegration as a result of being imprisoned abroad.

IPP Prisoners

The sentence of Imprisonment for Public Protection (IPP) was introduced in England and Wales in 2005. It was an indeterminate sentence intended for those who committed serious offences and were considered ‘dangerous’.  However, IPP sentences were also handed down to people convicted of less serious offences.

Although IPP sentences were abolished in 2012, this was not made retrospective and there are currently almost 3,000 people serving IPP sentences in the UK.  Approximately 40% of all IPP prisoners currently in custody have never been released and approximately 60% had been released but have been recalled to custody. The vast majority of IPP prisoners who have never been released have passed their tariff expiry date, in many cases by as much as 10 years or more. Those serving IPP sentences are among the most vulnerable in prisons, with the rate of self-harm among IPP prisoners double that of prisoners serving a determinate sentence.

In 2022, the Justice Select Committee published a report of their inquiry into the IPP sentence.  It gathered evidence from a range of individuals and agencies including IPP prisoners and their families, criminal justice agencies, academics, NGOs, mental health specialists and others.  The Committee recommended resentencing of IPP prisoners as resentencing “the only adequate option to address that problem effectively,” however both the current and previous governments rejected this proposal.  Some changes have however been made to termination of licence for people sentenced to IPP.  From November 2024, those IPP prisoners released on licence will be eligible for a termination review by the Parole Board three years after their first release, instead of 10 years.  Those whose licences were not terminated after 3 years will have their licence automatically terminated after 2 years provided that they remained continuously on licence during this time.

Irish prisoners serving an IPP sentence who wish to be transferred to an Irish prison face particular difficulties. In 2016, an Irish IPP prisoner in the UK sought to challenge the Minister for Justice’s decision to refuse his application for transfer to an Irish prison. The Court found in favour of the Minister and an appeal was lodged, however in April 2018 the appeal was dismissed. While this case does not categorically rule out the possibility of other IPP prisoners seeking a prison transfer to Ireland, it does uphold the Minister’s decision to refuse applications for repatriation from IPP prisoners on the basis that no comparable sentence exists in Irish legislation. The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 has not changed this.