Parole Act 2019
Decision on parole | ||
27. (1) Subject to subsection (3), the Board may make an order that the parole applicant be released on parole (in this Act referred to as a “parole order”), where it is satisfied that— | ||
(a) the parole applicant— | ||
(i) would not, upon being released, present an undue risk to the safety and security of members of the public (including the relevant victim), and | ||
(ii) has been rehabilitated and would, upon being released, be capable of reintegrating into society, | ||
and | ||
(b) it is appropriate in all the circumstances that the parole applicant be released on parole. | ||
(2) The Board shall, in deciding whether to make a parole order in respect of a parole applicant, have regard to— | ||
(a) the nature and gravity of the offence to which the sentence of imprisonment being served by the parole applicant relates, | ||
(b) the sentence of imprisonment concerned and any recommendation of the court that imposed that sentence in relation thereto, | ||
(c) the period of the sentence of imprisonment served by the parole applicant, | ||
(d) any offence of which the parole applicant was convicted other than the offence to which the sentence of imprisonment being served by him or her relates, | ||
(e) the conduct of the parole applicant— | ||
(i) while serving the sentence of imprisonment, | ||
(ii) while previously the subject of a parole order, if any, | ||
(iii) while the subject of a direction under section 2 of the Act of 1960, if any, or | ||
(iv) during a period of temporary release, if any, to which rules under section 2 of the Act of 1960, made before the coming into operation of the Criminal Justice (Temporary Release of Prisoners) Act 2003 , applied, | ||
(f) the risk of the parole applicant committing an offence while on parole, | ||
(g) the risk of the parole applicant failing to comply with any conditions attaching to his or her release on parole, | ||
(h) any treatment, education or training the parole applicant has undergone, or programmes he or she has participated in, while serving the sentence of imprisonment, | ||
(i) any report relating to the parole applicant prepared and furnished to the Board pursuant to a direction in that regard under section 13 , | ||
(j) any meeting with the parole applicant conducted in accordance with procedures determined under section 14 , | ||
(k) any submissions made by or on behalf of the parole applicant, including any submissions made in relation to a draft decision on parole, in accordance with procedures determined under section 14 , | ||
(l) any submissions made by or on behalf of the relevant victim in accordance with procedures determined under section 14 , and | ||
(m) any such other matter as the Board considers appropriate. | ||
(3) The Board shall not make a parole order in respect of a parole applicant where— | ||
(a) the release of the parole applicant from prison is prohibited by or under any enactment, whether passed before or after the coming into operation of this section, or | ||
(b) the parole applicant has been charged with, or convicted of, an offence and is in custody pursuant to an order of a court remanding him to appear at a future sitting of a court. |