Long-term Prison Sentences Review Board

Factors to be Considered by the Board in the Sentence Reviews

Each subject is an individual with a unique background and personal history. Whether or not his sentence warrants commutation or remission can only be judged on the circumstances of each case.

In each case, the Board will have the following reports on the subject before its members:

  • Correctional Services Report
  • Criminal Record
  • Social Welfare Report
  • Records from the Court

The Board may also request additional reports from the relevant parties for consideration. They may include:

  • Special Assessment Reports
  • Reports from the Clinical Psychologists and/or the Visiting Psychiatrists
  • Reports from Law Enforcement Agencies

In addition to the four principles stated under Section 8 of the Long-term Prison Sentences Review Ordinance, Cap. 524 that the Board must have primary regard to, the Board may also consider the following 18 factors as listed under Schedule 1 to the Long-term Prison Sentences Review Regulation, Cap. 524A:

      (1)  Nature of the offence
      (2)  Previous criminal record (if any)
      (3)  Views of the trial judge in relation to the offence
      (4)  Mitigating circumstances
      (5)  Degree of remorse
      (6)  Response to counselling and rehabilitative treatment
      (7)  Age when committing the offence
      (8)  Rehabilitation prospects and employment prospects on release
      (9)  Sentences in other similar cases
      (10)  Public interest, including public safety and likelihood of re-offending
      (11)  Psychological condition
      (12)  Psychiatric condition
      (13)  Conduct in the correctional institution
      (14)  State of health
      (15)  Age
      (16)  Length of time served in the correctional institution
      (17)  Minimum term of the discretionary life sentence (where applicable)
      (18)  Assistance provided to law enforcement agencies

The Board may also take into account any other matter which it considers to be relevant while reviewing the sentence of a subject.