An Irish man serving an “indeterminate” sentence in the UK for “very grave sexual offences” against his daughter and step-daughter has lost his appeal over the Minister for Justice’s refusal to sanction his transfer to a prison here.
The Court of Appeal (COA) said the fact the indeterminate sentence for public protection (IPP) imposed on the man in 2009 is “quite unknown” in Irish law was at the heart of the difficulties in the case.
Mr Justice Gerard Hogan, giving the three-judge court’s judgment on Wednesday, said the Minister had given detailed reasons for the refusal to permit transfer and those reasons centred on the difficulties posed by the IPP sentence.
Under UK law, the man’s IPP sentence was to last for an initial eight-year period, subject to review by the UK parole authorities. The sentencing judge had held a 16-year sentence was the appropriate minimum one which, on application of the 50 per cent automatic statutory remission, meant an initial eight-year term.
In refusing transfer, the Minister said the IPP sentence was unknown to Irish law and the only sentence that could be imposed here would be an eight-year sentence, which was considerably less than the 16 years the UK judge considered was appropriate, were he to have imposed a fixed sentence.
The Minister said the fact the man denies he committed the offences would be a “very negative factor” in attempts to rehabilitate him here as it would be unlikely he would be considered suitable for Arbour Hill Prison, which rehabilitates sex offenders.
‘Factually sustainable’
Mr Justice Hogan said those reasons were “clearly bona fide, factually sustainable and not unreasonable”.
He agreed with the High Court that the Minister has discretion in relation to transfer and is not obliged to transfer an IPP prisoner when transposition of IPP sentences had shown difficulties in the past and was likely to continue to do so into the future.
In the circumstances, he affirmed the High Court finding the man had not set out arguable grounds for judicial review of the refusal.
Earlier, the judge noted the man had lived in the UK from the 1990s and was convicted there in late 2009 of a series of “very grave” sexual offences against his daughter and step-daughter.
An IPP sentence is “quite unknown” in Irish law and it is not easy to see how such a sentence can readily be adapted, or even understood, by reference to the traditional Irish sentencing regime, he said. IPP sentences are no longer imposed following a change of law in the UK in 2012, he also noted.
The man first sought a transfer to an Irish prison in 2011 under the Transfer of Sentenced Persons Act, but no decision was made until late 2015, after he took High Court proceedings aimed at compelling a decision to be made.
After the Minister refused transfer, the man sought to challenge that via judicial review but the High Court found he had not set out arguable grounds for review.
