The Innocence Rights of Sentenced Offenders

Dr. Mary Rogan

Civil orders which take effect after a person has been released from a sentence of imprisonment have become more common features of Irish law. Despite representing a major departure from the principle that when a person has served a sentence the state has no further ‘call’ on that person, such orders have received limited attention. This article examines some of these new orders, in particular section 26 and section 26A of the Criminal Justice Act 2007. It argues that these orders should be of concern, suggesting that they are likely to act as barriers to reintegration of ex-prisoners, represent a “failure model” of criminal justice and have the potential to undermine the presumption of innocence of those released from prison.

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