JUDGE'S PROPOSALS: THE INSPECTOR of Prisons Judge Michael Reilly has called for the radical reform of sentencing, which could include the abolition of all jail terms of 12 months or less and imposing a cap on inmate numbers in each jail to eliminate overcrowding.
Judge Reilly also said that in Norway when jails are full, people convicted of “low-level crime” join a waiting list to enter prison but are supervised while waiting to get in.
“Evidence suggests that such a process does not lead to an increase in crime,” he said.
He pointed to the growing number of inmates being segregated away from the main prison population, mainly to be protected from rival gang members.
He raised the prospect of special “gang units” in all prisons.
“Based on my experience, I consider that it will be necessary to have numbers of small units in new prisons in order that such gangs can be segregated.”
He believed that parts of the prison system, dogged by overcrowding and problems with slopping out and drugs, left the State open to litigation from prisoners on the grounds that their human rights were being breached.
Overcrowding was a major problem, with inmate numbers across increasing by 14 per cent in just over a year.
In 2000, the Republic had 2,984 inmates, but that figure stood at 4,478 today.
The judge said some other countries had replaced all sentences of under 12 months with non-custodial sanctions and noted such a move here would take 283 inmates out of the prison system.
His comments are contained in his new report, The Irish Prison Population – An Examination of Duties and Obligations Owed to Prisoners.
It was one of 18 prison reports, an unprecedented number, published by Minister for Justice Dermot Ahern yesterday. Almost all were critical of the prison system.
A spokeswoman for Mr Ahern denied all of the reports were published on one day to conceal the criticism contained in them.
Some 14 of the reports were the annual reports of the Government-appointed visiting committees in the each of the State’s jails.
These were submitted to Mr Ahern in the first weeks and months of the year.
The other four reports were by Judge Reilly, some of which were submitted four months ago.
The judge said he had decided to draw up reports on overcrowding, padded cells and prisoner complaints and practices because when he went to examine Irish Prison Service policy in these areas it became clear there were no policies.
Aside from abolishing jail terms of 12 months or less and copying the Norwegian prisoner waiting list system, Judge Reilly said community courts could be set up.
These focused on “problem solving” and sat side by side with the criminal courts and may reduce the prison population.
He also said criminals, irrespective of their crimes, should be screened to assess the threat they posed to the community.
Those posing a low risk could be supervised in the community rather than be jailed.
“Supervision would cost far less than imprisonment and prison spaces would be freed up.”
Judge Reilly also said Mr Ahern could impose a maximum number of inmates to be held in each jail.
This would give clarity to prison governors on overcrowding, many of whom had sought his advice because of the absence of any official Government or Irish Prison Service overcrowding policy.
At present, jails must take in all inmates sent to them by the courts.