20th January 2014
A 17 year-old applicant, held at the children's detention school in Oberstown, has successfully challenged the constitutionality of the state's failure to provide him the same level of remission as afforded to adult offenders and and also to juveniles held at St. Patrick's institution.
The challenge demonstrated that the state breached the Article 40.1. equality clause in the Constitution - 'All citizens shall, as human persons, be held equal before the law'. The result of the case is that juveniles held in Oberstown will now be afforded the same treatment in regard to remission under the Prison Rules 2007 as the other categories - i.e. 25% remission (or up to one third) of a sentence, for good behaviour.
Read
Irish Times, 'Young offenders have the same remission rights as adults'
Respect for rights in the penal system with prison as a last resort.