AQW 8737/22-27

Ms Kellie Armstrong
Alliance Party
Strangford

Tabled Date: 12/03/2024
Answered On Date: 26/03/2024
Priority Written: No

Question:
To ask the Minister of Justice whether she has considered changing prisoner release days to the start of the week, enabling accommodation and support to be put in place to coincide with release from custody.

Answer:

My Department appreciates that prisoner release days particularly at the weekends can present challenges for individuals accessing vital support services linked to accommodation.

Prison Rule 30(6) allows remission to be credited to certain prisoners to ensure that they are not released at weekends or on any public holiday in Northern Ireland. Articles 8(6), 13(7) and 14(12) of the Criminal Justice (Northern Ireland Order) 2008 precludes those sentenced under its provisions from availing of remission under this Rule.

However, Section 12(2) of the Prison Act 1898 still remains in force for those prisoners. Under this section prisoners due to be released on a Sunday, Christmas Day or Good Friday, are discharged on the day next preceding.

The Northern Ireland Prison Service currently has no legislative authority to shorten further any custodial period, any change would require further legislation.

With a particularly congested legislative programme across all of the Executive Departments, it will not be possible for me to bring forward any additional Assembly Bills beyond the three that I am committed to delivering to modernise aspects of the justice system; to reform sentencing arrangements following a review of sentencing policy; and to tackle hate crime.

I have asked officials to monitor ongoing legislative developments in England and Wales, including whether their introduction has had a material impact on reoffending. And, cognisant of the challenges of weekend releases, the Lady Chief Justice has helpfully agreed to move her High Court Bail listings from a Friday commencing 8th April 2024.

Whilst we cannot affect the day of release, the Prison Service does take a proactive approach to prevent homelessness, by ensuring that everyone exiting custody has accommodation on release or is signposted to available options. ‘The protocol for the management of the accommodation and related support needs of people in custody in Northern Ireland’, published in December 2023, sets out a collaborative approach to addressing accommodation needs from NIHE, PBNI and NIPS. To support the implementation of the protocol we will also be introducing NIHE Housing Advisers into prisons in April 2024 to enhance the accommodation advocacy role currently undertaken by our VCS partners, Housing Rights.