H.S. v Minister for Justice (Approved)

      The Applicant challenges the Minister's decision to refuse his application for enhanced remission pursuant to Rule 59 of the Prison Rules, 2007 (SI 252 of 2007 as amended by SI 385 of 2014) (hereinafter "the Prison Rules"), principally on the basis that the decision was not adequately reasoned but also on the basis that it was not supported by the material before the Minister and is therefore unreasonable in law.

      A notable feature of this case is that the sentence in respect of which the Applicant applied for enhanced remission has expired.� He is no longer in custody with the result that it is contended on behalf of the Minister that the within proceedings are moot.

      The Applicant was born in 1960.� It was contended that he had a dysfunctional childhood and as a young man he developed a dependency on alcohol. In 2003, he committed a serious sexual offence against an adult woman to which he pleaded guilty and was sentenced to 16 years in prison.� He did not appeal against that sentence.

      In recognition of his good behavior and participation in structured activities, the Applicant was upgraded to the enhanced level of privileges within the prison system.

      As the Applicant was nearing the end of his sentence, two of his younger sisters made complaints of historical sexual abuse against him dating back to the 1970s and 1980s at a time when the victims were minors and the Applicant was aged 15 to 20 years old.� He was charged with these offences.