Chapter 11:08 - Parole

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/487-chapter-1108-parole/file

L.R.O. 1/2012
LAWS OF GUYANA
PAROLE ACT
CHAPTER 11:08
Act
24 of 1991
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 16 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 11:08
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of Parole Board.
4. Functions of Board.
5. Release on licence of persons serving determinate sentences.
6. Release on licence of persons serving sentence of imprisonment for
life, etc.
7. Revocation of licence.
8. Right to be informed of reasons for recall and to make
representations.
9. Reference to Board.
10. Revocation of licence on conviction for certain offences.
11. Restrictions on right to release on licence any person whose licence
has been revoked.
12. Application of sections 7 to 10 to certain cases of detention
13. Consequences of revocation of licence.
14. Procedure of Board.
15. Exemption.
16. Annual Report.
17. Power to make regulations
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24 of 1991 An Act to make provision for releasing convicted prisoners
on parole and for matters connected therewith.
[27th SEPTEMBER, 1991]
Short title.
Interpretation.
1. This Act may be cited as the Parole Act.
2. (1) In this Act—
PAROLE ACT
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c. 10:01
c. 10:03

Establishment
of Parole
Board.
“appellate court” means the Court of Appeal or the Full
Court of the High Court;
“Board” means the Parole Board established by section 3;
“Judge” means a Judge of the High Court;
“licence” means a licence granted under section 5 (1) or 6 (1);
“remission date”, in relation to a person serving a sentence
of imprisonment or released on parole, and eligible
for remission under the Prison Act, means the earliest
day on which he would have been discharged from
prison consequent on the remission of part of the
sentence under that Act, if he had not been released
on parole;
“sentence of imprisonment” does not include a sentence of
detention under the proviso to section 163 of the
Criminal Law (Procedure) Act or under section 15 of
the Juvenile Offenders Act.
(2) Any reference in this Act to releasing a
convicted prisoner on parole shall be construed as a reference
to releasing such prisoner on a licence granted under section 5
(1) or 6 (1).
3. (1) There is hereby established a board to be known
as the Parole Board which shall consist of—
(a) a chairman, who shall be a person
who has been, or who is qualified to
be a Puisne Judge of the High Court,
to be appointed by the Minister;
(b) two other members, to be appointed
by the Minister, of whom—

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Functions of
Board.
(i) one shall be a person who is a
medical practitioner registered
under any law relating to the
registration of medical
practitioners, having special
qualifications or experience in
psychiatry; and
(ii) one shall be a person, who in
the opinion of the Minister is
qualified as having had
experience of, and shown
capacity in matters relating to
the supervision, or aftercare, of
discharged prisoners;
(c) the Director of Prisons ex-officio; and
(d) a member of the Police Force, not
below the rank of Assistant
Commissioner, designated by the
Commissioner of Police.
(2) The Chairman of the Visiting Committee
appointed for a prison under rule 2 of the Prison Rules made
under the Prison Act shall be entitled to be present at, and to
participate in the discussions of, any meeting of the Board for
considering the question of releasing on licence any person
serving a sentence of imprisonment in that prison and in that
connection, and for that purpose, shall have all the rights,
privileges and disabilities of a member of the Board.
(3) The terms and conditions of appointment of the
chairman and each of the other members of the Board
including any allowances or other remuneration payable to
the Chairman and any of the members shall be such as may
be determined by the Minister.
4. It shall be the duty of the Board to advise the
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Release on
licence of
persons serving
determinate
sentences.

c. 10:03
Minister with respect to—
(a) the release on a licence under section 5 (1) or
6 (1), or the recall under section 7, of any
person whose case has been referred to the
Board by the Minister;
(b) the conditions of any such licence, (whether
originally specified or to be inserted
subsequently) and the variation or
cancellation of any of such conditions; and
(c) any other matter, referred to the Board by
the Minister, which is connected with the
release of any person on a licence, or the
recall, under section 7, of any person
released on a licence or a condition of any
licence.
5. (1) The Minister may, if recommended to do so by
the Board on a reference made to it by him, release on licence
a person serving a sentence of—
(a) imprisonment, other than
imprisonment for life or
(b) detention imposed under section 15 of
the Juvenile Offenders Act in respect
of an offence of wounding with intent
to cause grievous bodily harm:
Provided that no such person shall be released on a
licence under this section before he has served one-third
period of his sentence or the specified period of the sentence,
whichever expires the later.
(2) The Minister may specify in a licence under this
section such conditions as he deems fit while releasing a
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person on the licence and may after such release vary or
cancel any such condition or insert a new condition.
(3) A licence under this section shall include a
condition that the person released on licence shall be under
the supervision of the officer in charge of the Police Station or
the officer in charge of the Probation Office, or both such
persons (hereinafter referred to as the supervising officer or
officers) during the period specified in the licence and shall—
(a) keep in touch with his supervising
officer or officers in accordance with
such instructions as may from time to
time be given by such officer or
officers: and
(b) comply with the directions of his
supervising officer or officers as to
conduct.
(4) Any person released on a licence under
subsection (1) shall comply with any conditions that may, for
the time being, be specified in the licence under subsection
(2).
(5) The Minister shall consult the Board before
including in a licence while releasing a person under this
section, or subsequently inserting in the licence, any condition
or varying or cancelling any such condition; and for the
purposes of this subsection the Minister shall be treated as
having consulted the Board about a proposal to include,
insert, vary or cancel a condition in any case if he has
consulted the Board about the implementation of proposals of
that description generally or in that class of cases.
(6) Where a person is released on a licence under
this section, the licence shall, unless it is previously revoked
under section 7 or 10, remain in force until the expiry of the
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Release on
licence of
persons serving
sentence of
imprisonment
for life, etc.

c.10:01

c. 10:03
date specified in the licence, such date being—
(a) in the case of a sentence referred to in
subsection (l)(a), the remission date;
or
(b) in the case of a sentence referred to in
subsection (1) (b), the date on which
such sentence expires.
(7) In this section “specified period” means twelve
months, or such shorter period as the Minister may prescribe
by regulations.
6. (1) The Minister may, if recommended to do so by
the Board on a reference made to it by him, release on licence
a person serving a sentence of —
(a) imprisonment for life;
(b) detention under the proviso to section
163 of the Criminal Law (Procedure)
Act; or
(c) detention under section 15 of the
Juvenile Offenders Act in respect of
an offence of attempt to murder or
manslaughter:
Provided that no such person shall be released on a
licence under this section before he has served the specified
period of the sentence.
(2) The Minister shall, before the case of a person
serving any of the sentences mentioned in subsection (1) is
referred to the Board, consult—
(i) the Chancellor;
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c. 11:01
(ii) the judge by whom the
sentence was imposed on such
person, if the judge is then
holding any public office; and
(iii) the Director of Public
Prosecutions.
(3) Section 5 (2), (3), (4) and (5) shall apply in
relation to a licence granted under this section as they apply
in relation to a licence granted under section 5 (1).
(4) Where a person serving a sentence referred to
in subsection (1) (a) is released on a licence under this section,
the licence shall, unless it is previously revoked under section
7 or 10, remain in force until the expiry of the period of the
sentence or, where under the Prison Act he is entitled to
remission of a portion of the sentence, the remission date in
relation to him, whichever is the earlier.
(5) Where a person serving a sentence referred to
in subsection (l)(b) or (c) is released on a licence under this
section. the licence shall, unless it is previously revoked under
section 7 or 10, remain in force until the date specified in the
licence, such date being—
(a) in the case of a sentence referred to in
subsection (1)(b), a date specified by
the President; or
(b) in the case of a sentence referred to in
subsection (1)(c), the date on which
such sentence expires.
(6) In this section “specified period” means three
years or such longer period as the Minister may prescribe by
regulations.

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Revocation of
licence.

Right to be
informed of
reasons for
recall and to
make re-
presentations.
Reference to
Board.


7. (1) Where, on a reference made by the Minister to
the Board, it recommends the recall of any person who is
subject to a licence granted under section 5 or 6, the Minister
may revoke that person’s licence and recall him to prison.
(2) The Board may, in recommending the recall,
under subsection (l), of any person subject to a licence, take
into account the contravention of any condition of the licence
by the person.
(3) Notwithstanding that a licence granted to any
person was not revoked under section 10(2) or (3) by the
Judge, the magistrate or the appellate court before, or by,
whom the person was convicted of an offence of the nature
referred to in section 10 (2), after he was released on the
licence, the Board may take the conviction into account in
recommending the recall of the person under subsection (1).
(4) Where it appears to the Minister that is
expedient in the public interest to revoke a licence granted to
any person and recall him to prison before consultation with
the Board is practicable, the Minister may revoke the licence
granted to the person and recall him to prison.
8. (1) A person recalled to prison under section 7(1) or
(4) shall, on his return to prison, be informed of the reasons
for his recall and of his right to make representations to the
Minister in respect of his recall.
(2) A person returned to prison after being recalled
under section 7 (1) or (4) may make representations in writing
to the Minister with respect to his recall.
9. (1) The Minister shall refer to the Board the case of
every person—
(a) returned to prison after being recalled
under section 7(1), who makes
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Revocation of
licence on
conviction for
certain
offences.
representations under section 8 (2); or
(b) returned to prison after being recalled
under section 7(4), whether such
person has made any representations
or not.
(2) Where the Board recommends the immediate
release on licence of a person whose case is referred to it
under this section, the Minister shall give effect to the
recommendation.
(3) It shall not be necessary for the Minister to
consult any of the persons mentioned in section 6 (2) before
making any reference to the Board under subsection (1) or
releasing any person on licence under subsection (2).
10. (1) Where a person subject to a licence is convicted
of an offence, committed after he was released on the licence
and which is punishable on indictment with death or
imprisonment for life or for a term of, or exceeding, three
years, whether the conviction was before a Judge or by a
magistrate, the Judge or the magistrate, as the case may be,
shall revoke his licence and commit him to prison.
(2) Where a person subject to a licence is, after he
was released on the licence, convicted of an offence
punishable with imprisonment (not being an offence of the
nature referred to in subsection (1)) whether committed
before or after he was so released, the Judge before, or the
magistrate by whom he was convicted of the offence may
revoke the licence and commit him to prison.
(3) Subsection (l) or (2), as the case may be, shall
apply where an appellate court convicts a person on an
appeal lodged against a decision dismissing a complaint as if
that court is a magistrate convicting the person.

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(4) Where a licence granted to a person is revoked
under subsection (1), (2) or (3) by a Judge or a magistrate, or
by an appellate court, consequent on the conviction of the
person of an offence, the Judge, the magistrate or the
appellate court, as the case may be, shall direct that any
sentence of imprisonment imposed consequent on the
conviction shall be undergone concurrently with, or shall
commence at the expiration of, the period of imprisonment
such person is required to undergo consequent on the
revocation of the licence.
(5) Where on a conviction of any person of any
offence the licence granted to him is revoked under
subsection (1), (2) or (3) and such conviction is set aside on
appeal or in other proceedings, the court setting aside the
conviction may restore the licence, and on such restoration
the licence shall be subject to the same conditions as were
specified by the Minister when releasing the person on
licence:
Provided that the Minister may vary or cancel any such
condition or insert a new condition under section 5(2) or, as
the case may be, under section 6(3) read with section 5(2).
(6) For the purposes of this section—
(a) a suspended sentence of
imprisonment passed on any person
under the Criminal Law Reform Act
and a sentence of imprisonment
imposed in lieu of non-payment of a
fine shall be deemed to be a sentence
of imprisonment;
(b) reference to imprisonment shall be
deemed to include reference to
detention under the proviso to section
163 of the Criminal Law (Procedure)
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c. 10:01
c. 10:03

c. 10:01
c. 10:03
Restrictions on
right to release
on licence any
person whose
licence has
been revoked.
Application of
sections 7 to 10
to certain cases
of detention.
c. 10:01
c: 10:03.
Act or under section 15 of the Juvenile
Offenders Act;
(c) the offences referred to in the proviso
to section 163 of the Criminal Law
(Procedure) Act and section 15 of the
Juvenile Offenders Act shall be
deemed to be offences punishable on
indictment with imprisonment for a
term of, or exceeding, three years.
11. (1) Where a licence granted to a person under
section 5(1) has been revoked under subsection 10(1), (2) or
(3), the Minister shall not thereafter release him on a licence
before the expiry of one year from the date of the revocation
or before the expiry of one-third of the period during which
the licence would have, but for the revocation, remained in
force after the date of the revocation, whichever is the later.
(2) Where a licence granted to a person under
section 6(1) has been revoked under section 10(1), (2) or (3),
the Minister shall not thereafter release him on a licence
before the expiry of three years from the date of the
revocation or before the expiry of one-third of the period
during which the licence would have, but for the revocation,
remained in force after the date of the revocation, whichever
is the later.
(3) Nothing in subsection (1) or (2) shall be deemed
to prohibit the release of any person referred to therein
otherwise than on a licence under this Act.
12. Sections 7 to 10 (inclusive) shall have effect in
their application to a person detained under the proviso to
section 163 of the Criminal Law (Procedure) Act, or under
section 15 of the Juvenile Offenders Act, and released on a
licence under this Act, subject to the modification that any
reference to a prison therein shall be deemed to be a reference
to any place in which that person was detained immediately
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Consequences
of revocation of
licence.
Procedure of
Board.

before he was released on the licence.
13. On the revocation of a licence under which any
person was released under this Act, he shall be liable to be
detained in pursuance of his sentence—
(a) in prison, if the sentence was one of
imprisonment; or (b) in any other
case, in any place in which that
person was liable to be detained
immediately before he was released
on the licence,
and, if at large, shall be deemed to be unlawfully at large.
14. (1) The following provisions shall have effect with
respect to the proceedings of the Board in relation to any case
referred to it, that is to say—
(a) the Board shall deal with the case on
consideration of any documents given
to it by the Minister and or any
reports it has called for and any
information, whether oral or in
writing, that it has obtained; and
(b) if in any particular case the Board
thinks it necessary to interview the
person to whom the case relates
before reaching a decision, the Board
may request one of its members to
interview him and shall take into
account the report of the interview by
that member.
(2) The documents to be given by the Minister to
the Board under subsection (1) shall include—

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(a) where the case referred to the Board is
one of release on licence of any person
under section 5 or 6, any written
representations made, in accordance
with the regulations made by the
Minister, by the person in connection
with or since his last interview;
(b) where the case referred to the Board is
one of release on licence of any person
under section 6, the views expressed
by the persons referred to in section 6
(2), in respect of such release of the
person, on being consulted by the
Minister; and
(c) where the case so referred relates to a
person recalled to prison under
section 7, any written representations
made under section 8.
(3) The Board or the Minister is not required to
inform the person referred to in section 5 (1) or 6 (1), the
reason for refusing to release him on a licence.
(4) Subject to the provisions of this Act the Minister
may, by regulations, make provisions with respect to the
proceedings of the Board in relation to cases referred to it
under this Act.
(5) The quorum for a sitting of the Board shall
consist of the chairman of the Board and two of the other
members of the Board.
(6) Subject to this Act and the regulations made by
the Minister, the Board may regulate its own procedure and
may make rules in that behalf.

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Exemption.

Annual report.
Power to make
regulations.
15. (1) The Minister may, by order, exempt persons
convicted of any of the offences specified therein from the
provisions of this Act.
(2) An order under subsection (1) shall be subject
to negative resolution of the National Assembly.
16. The Board shall within six months after the end of
each calendar year make to the Minister a report on the
performance of its functions during that year, and the
Minister shall lay a copy of such report before Parliament.
17. (1) The Minister may make regulations for
carrying into effect the purposes of this Act.
(2) Without prejudice to the generality of the
foregoing, and in particular, such regulations may provide for
all or any of the following matters—
(a) the procedure of the Board;
(b) specified period for the purposes of
sections 5 and 6;
(c) form of licence under this Act;
(d) manner of making representations
under this Act; and
(e) any other matter that is required to be
or may be prescribed under this Act.
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