The High Court is to rule on a claim by Real IRA leader Michael McKevit that he is entitled to one third remission of his sentence for good behaviour.
The 59 year old from Beech Park, Blackrock, Co Louth was jailed for 20 years in 2003 for directing terrorism.
Michael McKevitt is looking for a third off his sentence under an enhanced remission scheme.
However when he applied for early release the Justice Minister turned him down – a decision the Real IRA leader is now challenging in the courts.
His lawyers argue he is a model prisoner who has satisfied the rules of the remission scheme by engaging in structured prison activities that would make him less likely to reoffend on his release.
The state says the minister is allowed have regard to the fact that McKevitt is a spokesman for republican prisoners, has committed serious offences and may be at risk of reoffending if let out.
The High Court will rule on the case later this morning.