Courts / Louth / Report
Real IRA leader loses appeal against decision refusing him early release from prison
Summary
Michael McKevitt, 65, a former Real IRA leader, was sentenced to 20 years in 2003 for directing terrorism and membership of an illegal organisation. He was due for release in July 2016 after a one‑quarter remission. McKevitt applied for an additional 8 % remission, arguing that his participation in structured prison activities such as art, drama, French, home economics and yoga reduced his likelihood of re‑offending. The High Court ruled that the Minister for Justice could not grant this enhanced remission and that the Minister was entitled to consider other relevant material, including Garda advice. McKevitt's appeal to the Court of Appeal was dismissed, with the court affirming that the Minister's discretion was not limited to a simple assessment of participation in authorised activities and that the decision to refuse the remission was lawful. The judgment noted McKevitt's good conduct and his role in the E2 'Republican' Landing, but upheld the refusal of the additional remission.
Who, what, where, when and why
What: Report matter: Real IRA leader loses appeal against decision refusing him early release from prison. Procedural stage: appeal
When:
- July 2016 Other
- 2001 and 2004 Other
- 2015-06-18 Publication
Why: Speaking on behalf of the Court of Appeal today, Ms Justice Mary Irvine said the responsibility to grant enhanced remission carries great weight because it could prematurely end a sentence imposed by the courts. CNI source report
Case subjects
Convicted Person
Outcome: Michael McKevitt (65), last of Beech Park, Blackrock, Co Louth, was jailed by the non-jury Special Criminal Court for 20 years in 2003, backdated to 2001, for directing terrorism and for membership of an illegal organisation styling itself as the Real IRA. Speaking on behalf of the Court of Appeal today, Ms Justice Mary Irvine said the responsibility to grant enhanced remission carries great weight because it could prematurely end a sentence imposed by the courts. "It has very serious consequences not only for the prisoner but the community at large." It seemed a "radical argument" to propose, as McKevitt had done, that engagement with "some" authorised structured activity was enough to grant enhanced remission on the supposition that the prisoner is thereby less likely to re-offend "even though there may be no apparent correlation between those
Defendant
Places mentioned
- High Court
- Special Criminal Court
- The High Court
- Court of Appeal
- Portlaoise
- Portlaoise Prison
Topics
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