Diarmuid Griffin

Firearm-assisted suicide: Legislative, policing and clinical concerns

Until recent years the Republic of Ireland had one of the most restrictive regimes on firearms access with the Irish police (An Garda Siochana) consistently refusing to grant certificates for a wide range of guns including handguns, high calibre rifles and shotguns capable of holding more than three cartridges. In 2004 the High Court ruled that this policy was without legislative backing and since then the police began to issue certificates for firearms where the applicant is not disentitled under law from possessing a gun. Set against this backdrop, this paper explores the consequences of liberal gun regimes in the context of access to firearms by those suffering from mental illness and who pose a threat of parasuicide or suicide. Consideration is given to experiences in other jurisdictions and international research on firearm suicide prevention. Finally some recommendations for changes in legislation, policy and protocol in the Irish context are presented.

Different Process, Same Outcome?

This chapter examines the potential impact of formalising the parole process on life imprisonment and time served. The Parole Bill 2016 proposes to place the Parole Board on a statutory footing that will enable it to make decisions independent of the Minister for Justice. This chapter analyses the provisions of the Bill in an attempt to elucidate the impact of the proposed new structure on parole in practice. Formalising the process certainly indicates a shift towards a more human rights-based approach but will these reforms result in greater consistency in terms of parole outcomes and time served?

The Realities of the Situation

This chapter examines the legal interpretation of the life sentence and explores whether the judiciary can act as a counterpoint to the punitive tendencies of parole decision-makers. While the life sentence and the parole process have tended to operate beneath the radar of public scrutiny, the manner by which life sentence prisoners are released has increasingly become the focus of critical attention. But, for now, the issue of compliance appears to be relatively settled as both the Supreme Court and the European Court of Human Rights have declared the mandatory life sentence to be compatible with the Irish Constitution and the European Convention on Human Rights. The life sentence has been characterised as ‘wholly punitive’ and the courts have rejected the contentions that the system of release in place affects the punitive nature of the sentence in any manner or results in a form of executive resentencing. Given the expressions of parole decision-makers in the preceding chapters there appears to be a disjoint between the legal interpretation of the life sentence and the practice of parole decision-making as articulated by those responsible for the release or further detention of a life sentence prisoner.

The Cycle of Life

This chapter assesses the operation of parole in practice through an examination of publicly available materials as well as incorporating data from qualitative research. In Ireland, little of legal significance has changed in the structure of the release process for more than half a century. The parole process can be divided into three stages: the preparatory phase; the review process; and release back into the community. Given the informal nature of the process, decision-makers maintain considerable discretion in terms of the operation of the process itself and parole outcomes. This has serious implications for those subject to the process and is a key factor when assessing the increase in time served.