Irish Examiner: One prisoner has been on remand for five or more years, and a dozen are waiting at least two years

8th July 2024

On 8 July 2024, the number of people on remand for long periods was published in the Irish Examiner. Irish Penal Reform Trust Executive Director, Saoirse Brady, responded to journalist David Kent about the news.

• Read the article on the Irish Examiner website.

One prisoner in Ireland has been on remand and awaiting trial for five or more years, and a dozen are waiting at least two.

The cases are “unacceptable” says a reform group.

There are around 5,000 prisoners in Ireland across 12 facilities.

However, 12 prisoners have been left waiting for a trial for at least two years.

Responding to a parliamentary question from Fianna Fáil TD Éamon Ó Cuív, Justice Minister Helen McEntee said the figure does not include people serving a sentence and who also have a remand or trial warrant that will become active once the sentence expires.

The data breaks down as follows:

• Seven prisoners on remand/awaiting trial for two to three years;
• Two prisoners on remand/awaiting trial for three to four years;
• Two prisoners on remand/awaiting trial for four to five years;
• One prisoner on remand/awaiting trial for more than five years.

Irish Penal Reform Trust director Saoirse Brady said delays in the system “serve no one’s interests”, including “the individual charged with an offence, the victim, their families, or society as a whole”.

She said: “While we understand that the courts are under pressure to process a high number of cases, no one should have to spend years in prison awaiting a trial date when they have not been found guilty of an offence or sentenced by a court.”

The “unacceptable delays” were clearly impinging on the prisoner’s “rights to liberty and a fair trial”, Ms Brady added.

Overuse of pre-trial detention [remand] can undermine the presumption of innocence, as well as having a severe psychological impact on the person detained, often leading to self-harm.

“For anyone found not guilty when they do eventually come to trial, they will have lost a substantial amount of time to prison, which in itself is a traumatic experience and this will, no doubt, have untold consequences for their family relationships, their employment prospects, and their overall wellbeing.”

Almost 20% of the prison population are held in pre-trial detention, something which the Irish Penal Reform Trust say should cast doubt on how well the system is functioning.

Ms Brady said: “This all serves to undermine public confidence in the criminal justice system, so court delays must be addressed as a matter of urgency.”