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Long-term Prison Sentences Review Board


Sentence Review Procedures

The Board holds quarterly review meetings usually in the months of January, April, July and October every year. Some three months before the review meeting, the Correctional Services Department would submit to the Board a list of the cases up for review based on the relevant review schedules.

The Board Secretariat then arranges with the government departments / independent bodies concerned to prepare reports or to produce relevant records on each subject scheduled for review. Reports and/or relevant records may include:

(1) For all subjects scheduled for review

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Correctional Services Report

This describes all aspects of the conduct of the subject while in the correctional institution and includes a medical report.

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Criminal Record

This sets out the criminal history of the subject.

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Social Welfare Report

This gives details of the family circumstances, employment prospects on release, rehabilitation prospects and any compassionate grounds of the subject.

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Records from the Court

These include the Trial Judge’s Report, comments made by the Judge at the sentencing and the summing-up of the trial judge reflecting the nature of the offence.

(2) Additional reports

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Special Assessment Reports

For those subjects who have performed exceptionally well and are likely to merit a recommendation for sentence remission, or for any reason the Board wishes to obtain more information about the subjects, the Board may request the Correctional Services Department to provide a Special Assessment Report, instead of the normal review report, consisting of a more detailed report from the Head of Institution, a Psychological Report and a Psychiatric Report.

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Reports from the Clinical Psychologists and/or the Visiting Psychiatrists

For those subjects convicted of sexual offences or with or believed to have sexual, psychological or mental problems.

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Reports from Law Enforcement Agencies

For those subjects who claim to have provided assistance to the law enforcement agencies.

Meanwhile, the subjects concerned would be informed in writing of the date of review and their right to submit written representations to the Board.

Upon receipt of the reports and other relevant information, the Board Secretariat would prepare a review bundle on each subject. Not less than 14 days before the date of review, the Board Secretariat would provide each subject with a full set of documents relevant to the subject’s own case. The bundles for the subjects whose cases are under review would be circulated to the members before the review meeting.

At the conclusion of the review meeting, the Board may make a recommendation to the Chief Executive that an indeterminate sentence be substituted by a determinate one, or that a determinate sentence be remitted.

Alternatively, the Board may order a subject serving an indeterminate sentence to be released conditionally under supervision when it considers it appropriate to defer making a recommendation for a determinate sentence. Upon successful completion of the conditional release period, the Board may recommend a determinate sentence for the subject.

The Board Secretariat will inform the subject in writing of the result of the review of his case as well as the reasons upon which the Board had made its decision.

 

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