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Cap. 516 · Restorative Justice Act (Cap. 516)

Cap. 516 ст. 13Procedure. Cap. 586.

PART IV

ДействуетОфициальный текст

(1) Following the prisoner’s application to be considered for parole, the responsible Parole Clerk shall forward to the Parole Board the parole which shall include: dossier

(a) the prisoner’s application to be considered for parole;

(b) the sentence details of the prisoner;

(c) other relevant police and, or court records and, or the Attorney General’s advice particularly in cases when the prisoner in question has other pending cases;

(d) the report from the Parole Unit as provided for in article 5(2)(a): Provided that the information for onward transmission to the victim or victims of crime shall consist of the month of discharge of the prospective parolee, the length of time he would be subject to the Parole Licence, and details about the general area of release as the case may be;

(e) the Offender Assessment Board’s recommendations; and

(f) subject to the provisions of the Data Protection Act, any other information or reports which the Offender Assessment Board may deem relevant to include and, or which the Parole Board may require for the case in question.

(2) The Liaison Officer, appointed under this Act, shall notify in writing the victim or victims of the prisoner, when applicable, of the prisoner ’s application for parole and shall make his recommendations to the Parole Board following consultation with the victim.

(3) Prior to the Parole Board taking a decision as to whether it shall grant or refuse the prisoner’s application for parole, the Parole Board:

(a) shall examine all documents provided in the parole dossier and shall give due consideration to the Offender Assessments Board’s recommendations which are principally based on:

(i) the voluntary and active participation of the prisoner in restorative justice programmes available and recommended during his time in the Correctional Facility;

(ii) the risk of a further offence being committed should the prisoner be granted parole; and

(iii) any other relevant evidence, including whether the prisoner in question has registered any improvement in various areas related to the reform process;

(b) shall take into consideration the recommendations made by the Liaison Officer in relation to the victim and, when deemed necessary by the Parole Board, interview the victim or victims of the prisoner applying for parole;

(c) may, if deemed necessary, interview the prisoner applying for parole; and

(d) may, if deemed necessary, interview the officials of the Board of Visitors of the Prisons and, or correctional facility officials and, or any other person as may be deemed necessary to be interviewed by the Parole Board.

(4) By not later than three weeks prior to the parole eligibility date, the Parole Board shall determine whether to grant parole.

(5) By not later than one week from the date when the decision was taken, the Parole Board shall inform the Parole Clerk who shall forward a copy of the Parole Board’s decision to:

(a) the Director;

(b) the Director of Correctional Services;

(c) the prisoner making the request; and

(d) the Liaison Officer of the Victim Support Unit who shall then have the responsibility to inform in writing and explain the Parole Board’s decision to the victim or victims concerned, as the case may be.

(6) Upon the Parole Board’s refusal to grant parole to the prisoner, unless the Parole Board has fixed a date, in consideration of the circumstances of the case, the prisoner shall once again become eligible to re-apply for parole after the expiration of six months from the date of the Parole Board’s decision.