Parole of Prisoners Act
MONTSERRAT

CHAPTER 10.15
PAROLE OF PRISONERS ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page PAROLE ACT 3 Act 4 of 2004 .. in force 22 November 2004
PAROLE OF PRISONERS RULES – Section 10 11 S.R.O. 89/2005 .. in force 18 November 2005 Amended by S.R.O. 46/2006 .. in force 21 November 2006

MONTSERRAT

CHAPTER 10.15
PAROLE OF PRISONERS ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page PAROLE ACT 3 Act 4 of 2004 .. in force 22 November 2004
PAROLE OF PRISONERS RULES – Section 10 11 S.R.O. 89/2005 .. in force 18 November 2005 Amended by S.R.O. 46/2006 .. in force 21 November 2006
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CHAPTER 10.15
PAROLE OF PRISONERS ACT ARRANGEMENT OF SECTIONS

SECTION 1. Short title 2. Interpretation 3. Constitution and procedure of Parole Board 4. Functions of the Board 5. Basis on which Board to reach decisions 6. Release of prisoners on licence 7. Revocation of licence 8. Cases to be referred to the Board 9. Expenses of the Board 10. Rules
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CHAPTER 10.15
PAROLE OF PRISONERS ACT
(Act 4 of 2004)
AN ACT TO PROVIDE FOR THE CREATION OF A PAROLE BOARD CHARGED WITH THE DUTY OF MAKING RECOMMENDATIONS FOR THE RELEASE OF PRISONERS ON LICENCE, AND FOR OTHER MATTERS CONNECTED THEREWITH.
Commencement [22 November 2004]
Short title 1 This Act may be cited as the Parole of Prisoners Act.
Interpretation 2. In this Act, unless the context otherwise requires—
“Board” means the Parole Board; “case” means case referred to the Parole Board; “Chairman” means the Chairman of the Board; “licence” means a licence granted to a prisoner under section 6; “member” means a member of the Board and includes the Chairman; “prisoner” means a person serving a sentence of imprisonment imposed on
conviction for the commission of an offence; “prison rules” means regulations made under the Prisons Act.
Constitution and procedure of Parole Board 3. (1) The Governor in Council shall appoint 7 persons to be members
of the Board. Such members shall serve for a period of three years in the first instance, unless their appointment shall be earlier terminated, and shall be eligible for re-appointment. A member may at any time resign his office by notice in writing. The members of the Board shall include—
(a) The Chief Medical Officer; (b) two community development officers; (c) a member of the Prison Visiting Committee; (d) a representative of the Montserrat Christian Council.
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(2) The Governor in Council shall designate one member of the Board as Chairman.
(3) At any meeting of the Board any 5 members shall constitute a quorum, but subject thereto the Board may act notwithstanding any vacancy in membership.
(4) The Chairman shall ordinarily preside at any meeting of the Board but in the event of his absence from any meeting the members present shall appoint any other member to preside at that meeting.
(5) Subject to the provisions of this section and section 5, the members of the Board may regulate the conduct of the proceedings of the Board in such manner as they think fit, but on any matter on which the votes of the members present are equally divided the person presiding at the meeting shall have a second or casting vote.
(6) In considering an application for parole the Board shall have regard to the rules made under section 10.
Functions of the Board 4. It shall be the duty of the Board to advise the Governor with respect
to— (a) the release of prisoners on licence; (b) the conditions of any licence, and the variation or
cancellation of any such conditions; (c) the revocation of any licence and the recall to prison of the
prisoner concerned; (d) any other matter which is connected with the release on
licence or recall of such prisoners; (e) the remission of any part of a prisoner’s sentence; after
considering a recommendation from the Superintendent.
Basis on which Board to reach decisions 5. (1) The following provisions shall have effect with respect to the
proceedings of the Board on any case referred to it— (a) the Board shall deal with the case on consideration of any
documents submitted by the Superintendent and of any reports it has called for and any other information, whether oral or in writing that it has obtained;
(b) if in any particular case the Board thinks it necessary to interview the prisoner to whom the case relates before reaching a decision, the Board may interview that prisoner or may request one of its members to interview him and, in the
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latter case, shall take into account the report of that interview by that member;
(c) where a Prisoner, who having a sentence of 10 years or more or sentenced to Her Majesty’s Pleasure, applies for parole, the Attorney General may make a written submission to the Board supporting or objecting to the prisoner’s application for parole;
(d) such a submission must reach the Superintendent not less than 7 days before the hearing and the Superintendent shall submit it to the Board and provide a copy to the prisoner to whom it relates before the meeting of the Board.
(2) The documents in any case to be given to the Board shall include—
(a) a report of the nature and circumstances of the offence for which the sentence of imprisonment was imposed;
(b) a report by the Superintendent or other prison officer as to the conduct, demeanour and health of the prisoner while in the prison (including a report by a medical officer if relevant);
(c) details (so far as available) of the personal and family background of the prisoner and any written representations made by the prisoner concerned, including any made by him since his case was last considered by the Board, if it has been previously considered by the Board;
(d) in a case relating to the revocation of a licence and the recall of the prisoner concerned to prison, a report setting out the grounds for the revocation and recall (or proposed revocation and recall) and any other relevant information as to the conduct of that prisoner while on licence, and also any written representations on the matter made by that prisoner.
(3) The Board shall in each case, invite representations from members of the public, who were directly affected by the criminal conduct of the prisoner, in respect of which he is serving the current term of imprisonment.
Release of prisoners on licence 6. (1) The Governor, if recommended to do so by the Board may order
the release on licence of a prisoner, other than a prisoner sentenced to imprisonment for life or a prisoner ordered to be detained during Her Majesty’s Pleasure, who is—
(a) above 18 years and serving a sentence of imprisonment of at least 3 years;
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(b) under 18 years of age and sentenced to a term of imprisonment of at least 18 months,
after that prisoner has served not less that one-third of his sentence or 12 months thereof, whichever is the longer period: Provided that, in the case of a prisoner who was under the age of 18 at the date when the sentence which he is serving was passed, this subsection shall be construed as if for the reference to “12 months” was substituted a reference to “6 months”.
(2) For the purpose of determining under subsection (1) the length of that part of the sentence which a prisoner has served, any period spent in custody—
(a) before conviction; (b) between conviction and sentence; and (c) pending the determination of an appeal against conviction or
sentence, shall be taken into account as if he had served that period as part of the sentence, unless the court directs otherwise on passing the sentence or determining the appeal.
(3) A prisoner released on licence under this section shall comply with such conditions (if any) as appear to the Governor to be desirable either generally or in any particular case and any such conditions may be varied from time to time or cancelled.
(4) (a) A licence granted to any prisoner under this section, unless earlier revoked shall remain in force until the date, on which he could have been discharged from prison, after allowing for any remission of sentence under any prison rules.
(b) A licence granted to any prisoner shall state clearly whether that prisoner is allowed to travel outside the territory before the expiration date of the licence and shall outline a procedure for obtaining permission for leaving Montserrat.
(c) Where a prisoner is a non-national the Board can include in its report to the Governor a recommendation that the prisoner be deported from the territory not to return during a specified time.
(5) The Governor, if recommended to do so by the Board and after consulting with the Chief Justice, may order the release on licence of a prisoner serving a sentence of imprisonment for life after that prisoner has served—
(a) not less than 10 years of his sentence, if he is over 60 years; (b) not less than 15 years if he is under 60 years.
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Revocation of licences 7. (1) The Governor, on the recommendation of the Board may —
(a) revoke any licence granted to a prisoner and recall him to prison to continue to serve his sentence; or
(b) revoke a licence in a case in which the prisoner subject to the licence has failed to comply with any condition attached to the licence.
(2) The Governor, without consulting the Board may revoke any licence granted to a prisoner and recall him to prison to continue to serve his sentence, in any case in which it appears to him that it is expedient in the public interest so to do.
(3) A prisoner recalled to prison under the provisions of this section may make representations in writing with respect to his recall and shall, on his return to prison, be informed in writing of the reasons for his recall and his right to make such representations.
(4) The Superintendent shall refer to the Board the case of a prisoner recalled to prison under this section whether or not that prisoner makes representations with respect to his recall.
(5) If, upon a reference made under subsection (4) the Board recommends the release on licence of the prisoner the Governor may give effect to that recommendation, but without prejudice to the power again to recall that prisoner if circumstances appear to require it.
(6) If a prisoner subject to a licence is convicted by any court of an offence punishable by imprisonment for 6 months or more, without the option of a fine, the court by which he is convicted may, revoke the licence.
(7) On the revocation of the licence of any prisoner under this section he shall be liable to be detained to serve the remainder of his sentence, and, if at large, shall be deemed to be unlawfully at large and may be arrested by any police officer or prison officer.
(8) The revocation of a licence of any prisoner by order of a court, shall not affect the power to order release of that prisoner again on licence, but that prisoner shall not again be released on licence until the expiration of 6 months from the date of revocation of the licence, or one third of the term of the licence unexpired at the date of revocation, whichever is the shorter period.
Cases to be referred to the Board 8. (1) The Superintendent shall refer to the Board the case of any
prisoner who is eligible for release on licence.
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(2) The Superintendent shall, at intervals of not more than one year from the last previous reference of that case to the Board, again refer to the Board for its recommendations the case of any prisoner whose—
(a) case has been considered previously by the Board but who has not been released on licence; or
(b) whose licence has been revoked and who, having been recalled to prison, is continuing to serve his sentence:
Provided that, if the Board so directs, the case of any particular prisoner shall be referred to the Board at such shorter interval, not being less than 3 months, as the Board may specify.
Expenses of the Board 9. Members of the Board shall receive such remuneration or allowance
as may be prescribed by the Governor in Council and the cost thereof and any other expenses of the Board shall be defrayed out of money authorised for that purpose by the Legislative Council.
Rules 10. The Governor in Council may make Rules for carrying out the
purposes of this Act.
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PAROLE OF PRISONERS RULES
ARRANGEMENT OF RULES

RULE 1. Short title 2. Interpretation 3. Functions of the Board 4. Operation and procedures of the Board 5. Liability of members of the Board 6. Eligibility for parole 7. An eligible inmate must qualify 8. Release of a prisoner serving life 9. Conduct review of a person serving at Her Majesty’s Pleasure 10. Early release 11. Conditions of a Licence 12. Period of conditional release 13. Applicants submission or appearance before the Board 14. Licence agreement 15. Loss of remission under Prison Rules 16. Provision of information to the Board in order to reach a decision 17. Supervision of inmates released on Licence 18. Processing of Board’s recommendations 19. Release of parolee 20. Breach of licence 21. Remuneration for members of the Board 22. Forms SCHEDULE
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PAROLE OF PRISONERS RULES – SECTION 10
(S.R.O.s 89/2005 and 46/2006)
Commencement
[18 November 2005]
Short title
1. These Rules may be cited as the Parole of Prisoners Rules.
Interpretation
2. In these Rules, unless the context otherwise requires—
“Justice of the Peace” means person appointed as such under the Magistrate’s Court Act;
“prison officer” means a person appointed as such under the Prisons Act;
“Superintendent” means the person appointed as such under the Prisons Act.
Functions of the Board
3. (1) It shall be the duty of the Board to conduct hearings and—
(a) review all available information on eligible inmates;
(b) consider any oral and or written representations regarding any application for parole from—
(i) the inmate concerned;
(ii) the Attorney General;
(iii) any member of the community who was directly affected by the inmate’s crime for which he is serving the sentence.
(c) conduct a review of the continued detention of a person serving at Her Majesty’s Pleasure if asked to do so by the Governor and make recommendations as to whether—
(i) a prisoner may be considered for early release;
(ii) it is no longer necessary for the protection of the public that a particular prisoner should be confined;
(ii) the prisoner’s rehabilitation can be continued within the community;
(iii) the conditional release of the prisoner would endanger the security of the general public unduly; and
(iv) the prisoner is capable of adhering to the conditions of his release.
(2) Advise the Governor with respect to—
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(a) granting early release;
(b) granting temporary release;
(c) any special circumstances relating to continued detention of a specific person which the Governor may ask the Board to advise on.
(3) The Superintendent shall provide the Board with a full report on each applicant for parole along with his own recommendation thereon; the Board may ask for further elucidation of the Superintendent’s report before they decide on the application.
Operation and procedures of the Board
4. (1) A person appointed to be a member of the Board shall hold office for such term, not exceeding three years, as may be determined by the Governor in Council at the time of his appointment, but any member shall be eligible for reappointment or may at any time resign his office by notice in writing to the Governor.
(2) The Chairman shall ordinarily preside at any meeting of the Board but in the event of his absence from any meeting the members present shall appoint any other member to preside at that meeting.
(3) Meetings of the Board can be classified as one of 3 types—
(a) Hearing Meeting – The Superintendent or a Probation Officer acting on his instructions and in consultation with the Chairman of the Parole Board or anyone acting as such shall give at least 30 days notice of a Hearing Meeting. This notice shall be—
(i) given to all members of the Parole Board;
(ii) published in the Gazette;
(iii) given to the Attorney General;
(iv) displayed at Her Majesty’s Prison for perusal by all inmates.
The names of all inmates applying for parole must be furnished to the Board and the Attorney General’s office at least 21 days before the hearing.
(b) Continuation Meeting – This is a meeting called to continue a Hearing Meeting; the time, date and place for such a meeting must have been proclaimed at the meeting where the adjournment was called. No new item can be included on the agenda in a continuation meeting unless it was scheduled at the original Hearing Meeting.
(c) General Meeting – Where business other than hearings are conducted, including reviewing the recall of any prisoner on licence. Notice for such a meeting shall be as agreed by the members.
(4) The Board shall meet at least twice in any calendar year for the purpose of hearing applications. At least one meeting must be held on or before the 30th of June and at least one other on or before the 31st of December in any year.
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(5) The Board shall meet at any place it sees fit; however if prisoners are to appear before the Board every attempt should be made for that meeting to be held at or near the prison.
(6) The Board shall decide the time, place and frequency of its meeting having regard to paragraphs (3), (4) and (5) above.
(7) The recommendation of the Board to the Governor shall be treated as confidential until it receives the concurrence of the Governor.
(8) The deliberation of the Parole Board on any application is confidential.
(9) The Board shall record its reason or reasons for deciding to grant or deny a prisoners request for parole and shall include such in their recommendations to the Governor.
Liability of members of the Board
5. No member of the Board shall be liable in any proceedings criminal or civil for any recommendation made by the Board, whether it receives the concurrence of the Governor or not.
Eligibility for parole
6. (1) An inmate serving at Her Majesty’s Pleasure is not eligible for a parole hearing under these Rules.
(2) A prisoner sentenced to prison for less than 18 months imprisonment does not qualify for a parole hearing, as he would not have satisfied the condition laid down in section 6(1) of the Act.
(3) A prisoner who was under 18 years of age when he was sentenced and is sentenced to prison for less than 9 months does not qualify for a parole hearing as he would not have satisfied the conditions laid down in section 6(1) of the Act.
(4) The Superintendent shall refer to the Parole Board at its next meeting the case of any prisoner who would have passed his earliest possible date for a parole hearing as provided for in section 6 of the Parole Act.
(5) No application shall be entertained nor shall any hearing be conducted on any application in advance of that prisoner’s earliest possible parole date.
An eligible inmate must qualify
7. (1) Any person applying for parole must show some remorse for the crime committed and indicate this in writing.
(2) No application for parole shall be heard so long as there is any legal appeal pending regarding the matter for which the applicant was sentenced.
(3) No application for parole shall be entertained from an inmate who has previously been found guilty of breach of an earlier licence, even if it was for another sentence.
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Release of a prisoner serving life
8. (1) The Governor if recommended to do so by the Parole Board and after consultation with the Chief Justice may release a person serving a life sentence, on licence.
(2) A licence granted to a person released under subparagraph (1) above shall not last for more than 3 years.
(3) The licence may contain such conditions as the Board and Governor may see fit to impose.
Conduct review of a person serving at Her Majesty’s Pleasure
9. (1) The Board may conduct a review of the continued detention of a person serving a sentence at Her Majesty’s Pleasure if asked to do so by the Governor in which event—
(a) the Board must be presented with a Psychiatric Report, Medical Report and the Chief Medical Officer must concur with its contents before it can form part of any application;
(b) the Prison Medical Officer must determine if an application from a prisoner who is sentenced to detention at Her Majesty’s Pleasure has merit, and that will determine if other reports should be prepared and forwarded to the Parole Board.
(2) The Community Services Department may be required by the Board to provide a case officer or to appoint a Probation Officer to manage the inmates’ aftercare.
Early release
10. The Board may, by reason of a prisoner’s failing health, his good conduct, his industriousness, his exceptional good behaviour or actions or for any other reason that the Board may consider sufficient and with the concurrence of the Superintendent—
(a) recommend that he be granted unconditional early release;
(b) or recommend that the inmate who was sentenced to 6 years or more be granted weekend release with conditions or if he has less than 6 months of his sentence to serve, full release with conditions;
(c) formulate the conditions for a prisoner granted weekend release under subparagraph (b).
Conditions of a Licence
11. A licence can include but is not limited to any of the following conditions that the licensee shall—
(a) not use alcohol;
(b) not use illegal substance;
(c) abide by a stated curfew;
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(d) not frequent particular places;
(e) surrender travel documents;
(f) keep the peace;
(g) not enter a particular locality or place;
(h) not interfere with a particular person;
(i) not habitually associate with known notoriously bad characters;
(j) present himself to the gate officer at the prison a stated number of times per week;
(k) engage in gainful employment while on conditional release;
(l) attend counselling at particular places and times;
(m) attend educational classes at particular places and times;
(n) present himself for medical treatment at a particular place and time;
(o) not be seen behind the driver’s wheel of a vehicle;
(p) if he is permitted to travel outside the territory, do so subject to conditions stated;
(q) in the case of a non-national, if the Board thinks fit, be deported as a condition of his licence.
Period of conditional release
12. The period of conditional release that can be covered by a parole licence is that period of time from when parole is granted to the earliest date of release plus any time gained or lost under the Prison Act and rules made thereunder.
Applicants submission or appearance before the Board
13. (1) Where a prisoner is eligible to write to the Parole Board and he is illiterate or unable to represent himself properly in writing, the Superintendent shall call upon the services of a Justice of the Peace who shall with the consent and on the instructions of the inmate assist him in preparing his written submissions. The submission must bear the mark of the inmate and the seal of the Justice of the Peace. The Board shall treat the submission written by the Justice of the Peace showing the mark of the inmate and the seal of the Justice of the Peace as a submission from the inmate concerned.
(2) Where an inmate is required to appear before the Board for an interview and the inmate is unable to represent himself orally, the Superintendent shall call upon the services of a Justice of the Peace who shall with the consent and on the instructions of the inmate assist him in representing himself orally at the interview before the Parole Board and any information provided by the Justice of the Peace who is assisting the inmate shall be treated as information provided by the inmate.
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Licence agreement
14. The conditions of every licence must be made clear to the inmate concerned and he must express his understanding and agreement with the conditions by signing or making his mark on the licence.
Loss of remission under Prison Rules
15. Where a prisoner loses remission for breach of prison discipline under the Prison Rules and the Parole Board recommends that that prisoner be granted parole, the Board may recommend that the release on parole be effected after the expiration of the remitted period and if so the calculation of the time lost shall commence on the day the Governor has given concurrence in writing to the recommendations of the Board.
Provision of information to the Board in order to reach a decision
16. The Superintendent shall cause to be made available to the Board the following information on any inmate applying for or recommended for parole or early release—
(a) The inmate’s full name and any known aliases;
(b) Date of birth;
(c) Date of conviction;
(d) Length of conviction;
(e) Earliest possible parole date, earliest date of release if parole is not granted and latest date of release;
(f) Any breach of prison discipline;
(g) Any exceptional conduct, behaviour or action by the inmate;
(h) Next of kin if known;
(i) Last known address;
(j) Health report if applicable;
(k) Psychiatric report if applicable;
(l) Psychological report if applicable;
(m) Activities the inmate was involved in while in prison;
(n) Any other information that may be deemed necessary.
Supervision of inmates released on Licence
17. The Board may require a probation officer or assistant probation officer be appointed for the purpose of ensuring that any person released on licence complies with the conditions of the licence and to ensure proper management of the inmate’s care after release on conditions and they shall provide regular reports to the Superintendent and the Parole Board on all inmates.
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(d) not frequent particular places;
(e) surrender travel documents;
(f) keep the peace;
(g) not enter a particular locality or place;
(h) not interfere with a particular person;
(i) not habitually associate with known notoriously bad characters;
(j) present himself to the gate officer at the prison a stated number of times per week;
(k) engage in gainful employment while on conditional release;
(l) attend counselling at particular places and times;
(m) attend educational classes at particular places and times;
(n) present himself for medical treatment at a particular place and time;
(o) not be seen behind the driver’s wheel of a vehicle;
(p) if he is permitted to travel outside the territory, do so subject to conditions stated;
(q) in the case of a non-national, if the Board thinks fit, be deported as a condition of his licence.
Period of conditional release
12. The period of conditional release that can be covered by a parole licence is that period of time from when parole is granted to the earliest date of release plus any time gained or lost under the Prison Act and rules made thereunder.
Applicants submission or appearance before the Board
13. (1) Where a prisoner is eligible to write to the Parole Board and he is illiterate or unable to represent himself properly in writing, the Superintendent shall call upon the services of a Justice of the Peace who shall with the consent and on the instructions of the inmate assist him in preparing his written submissions. The submission must bear the mark of the inmate and the seal of the Justice of the Peace. The Board shall treat the submission written by the Justice of the Peace showing the mark of the inmate and the seal of the Justice of the Peace as a submission from the inmate concerned.
(2) Where an inmate is required to appear before the Board for an interview and the inmate is unable to represent himself orally, the Superintendent shall call upon the services of a Justice of the Peace who shall with the consent and on the instructions of the inmate assist him in representing himself orally at the interview before the Parole Board and any information provided by the Justice of the Peace who is assisting the inmate shall be treated as information provided by the inmate.
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Breach of licence
20. (1) If a parolee is found to be in breach of any of the conditions of his licence the licence may he revoked and he may be recalled to prison by the Superintendent.
(2) A parolee can be arrested by a police officer or prison officer and brought to the prison with a statement outlining the condition that was breached.
(3) Such a statement and a report from the Probation Officer shall be forwarded to the Board by the Superintendent and the Board shall hold a meeting to review the recall.
(4) The Superintendent if he thinks it is expedient to do so shall ask the Governor to revoke a parolee’s licence and that he be brought back to prison to continue to serve his sentence if it is in the public interest to do so.
(5) The Governor may—
(a) act in finality and revoke the licence of a parolee if asked to do so by the Board;
(b) order the immediate recall and ask the Parole Board to review the recall;
(c) before acting ask the Board to review the continued release of the parolee and to take into account all information that is available and make recommendations.
(6) A police officer or prison officer shall take into custody a person whose licence has been revoked and that person shall be conveyed to the Prison along with the order of revocation and there he will be processed in accordance with the Parole Act and the Prison Rules respectively.
Remuneration for members of the Board
21. Members of the Board shall receive $300.00 for every Hearing Meeting and Continuation Meeting and $200.00 for General Meetings.
Forms
22. The forms that shall be used in the parole process shall be those set out in the Schedule hereto—
(a) Form A: Inmates Application for parole;
(b) Form B: Prisoner’s eligibility report;
(c) Form C: Recommendations by the Parole Board;
(d) Form D: Letter from the Governor granting parole to an applicant;
(e) Form E: Denying request for release on parole. (Amended by S.R.O. 46/2006)
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SCHEDULE
(Amended by S.R.O 46/2006)
FORM A
INMATE’S APPLICATION FOR PAROLE
Date: ………………………… To: Superintendent of Prisons
FOR THE ATTENTION OF THE PAROLE BOARD
Dear Sir In keeping with the provisions of the PAROLE OF PRISONERS ACT section 6(1) and section 8(1), I declare that— 1. I, was convicted on ………….………………………….…….on a charge of ………….……………..……… and sentenced by the ………….……………… to a sentence of ………….……………………. . 2. I further declare that I regret this incident and hereby give an undertaking that I will not engage in any such activities again. 3. I have no appeal pending on this case. 4. I hereby submit this, my humble application for consideration of parole at the next and upcoming Parole Board Meeting. Yours respectfully _____________________ INMATE/APPLICANT
1. Copy to be given to inmate 2. A letter addressed to the Board from the inmate can be attached to this
application __________
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FORM B
PRISONER’S ELIGIBILITY REPORT TO: The Parole Board FROM: The Superintendent of Prisons DATE: REF APPLICATION FOR PAROLE BY INMATE…………………#............... I wish to confirm to the Parole Board the following—
(i) That inmate………….…………………… # ………….……………… was
sentenced to Prison on the………….………………………………………
by the ………………… Court on a charge of………….……………………
and sentenced to……….………………….…..… of which he has served
that portion of his sentence as stipulated under section 6(1) of the Parole of
Prisoners Act.
(ii) That this case is put forward for your hearing and consideration because: (Superintendent will delete as necessary)
a) The inmate has applied for parole by completing the necessary application form;
b) This referral to the Board qualifies under section 8(2)(a);
c) This referral to the Board qualifies under section 8(2)(b).
(iii) That the report and information as required under rule 3(3) and rule 16 is annexed to this form.
(iv) That the name of this inmate and the necessary notice was given to all
concerned as required under rule 4(3). Therefore, the inmate, whose name contained herein and on the application form hereby attached, is eligible for a hearing of this Parole Board at its next and upcoming meeting.
…….……………………
Superintendent of Prisons
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FORM C
RECOMMENDATION BY THE PAROLE BOARD (under section 6(1) of the Parole of Prisoners Act)
To: HE the Governor From: The Parole Board Ref: (inmates name) Date of Birth of Inmate: Having considered the application of the foregoing prisoner, together with such information gathered from: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 The Parole Board hereby recommends, in accordance with section 6(1) of the Parole of Prisoners Act as follows: ● That the application for release on Licence by the foregoing prisoner, having
served more than one third of his sentence, be denied. ● That you order the release of the foregoing prisoner on Parole of License,
having served more than one third of his imprisonment, subject to the standard terms and conditions and those we hereby recommend as seen attached.
Parole of Prisoners CAP. 10.15 23 Revision Date: 1 Jan 2008 [Subsidiary]
LAWS OF MONTSERRAT
The reasons for our recommendations are as follows— 1) 2) 3) 4) 5) 6)

Dated this day of 20.......
…………………………. For and on behalf of the
PAROLE BOARD
______________________ CHAIRMAN

_____________________________________________ Recommendations sent to the Governor on:

_____________________________________ Signed: Superintendent of Prisons
__________

24 CAP. 10.15 Parole of Prisoners [Subsidiary] Revision Date: 1 Jan 2008

LAWS OF MONTSERRAT
FORM D

LETTER FROM THE GOVERNOR GRANTING PAROLE TO AN APPLICANT



Under the powers conferred on me by the Parole of Prisoners Act.
I ……………………………………… Governor of the territory of Montserrat hereby
grant you ……………………………………………………………………… .
(name of inmate)

a period of release on licence. If you agree to the conditions of the license and sign
such, you will be released from prison under this licence from ......................... until
your due date for release from prison on ............................................... .

The Governor has the right to revoke this licence at any time for reasons including for breach of the conditions on which the licence is granted.



Attached is a license outlining the conditions of your release, if you accept these conditions you must indicate this by signing in the space provided and a copy of the license will be given to you on your release.





Signed H E the Governor

…………………………………………
__________
Parole of Prisoners CAP. 10.15 25 Revision Date: 1 Jan 2008 [Subsidiary]
LAWS OF MONTSERRAT
FORM E
DENYING REQUEST FOR RELEASE ON PAROLE

TO: The Superintendent of Prisons

FOR: The attention of Inmate_______________________________

DATE:

REF: APPLICATION FOR PAROLE

Your application for parole was considered by the Parole Board and the necessary
advice was forwarded to me. On this occasion I regret to inform you that your
application for parole was not successful.

Please be mindful of the provisions under section 8(2) of the Parole of Prisoners Act
which states “The Superintendent shall, at intervals of not more than one year
from the last previous reference of that case to the Board refer to the Board for
its recommendation the case of any prisoner whose- a) case has been considered
previously by the Board but who has not been released on licence…………..”


………….……………………
Governor



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