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Parole Board Act 1986

THE REPUBLIC OF KIRIBATI

(No.1 of 1986)

I assent,

I. Tabai
Beretitenti
24/7/1986

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE PAROLE BOARD AND FOR CONNECTED PURPOSES

Commencement: 24/7/86

MADE by the Maneaba ni Maungatabi) and assented to by the Beretitenti.

PART I
PRELIMINARY

Short title

1. This Act may be cited as the Parole Board Act 1986.

Interpretation

2. In this Act, unless the context otherwise requires-

"the Board" means the Parole Board established under section 3 of this Act;

"offender" means any person convicted of any offence and undergoing a sentence of imprisonment;

"paroled offender" means an offender released on parole under section 14 of this Act;

"parole officer" means a parole officer appointed under section 19 of this Act;

"prison officer" has the same meaning as in the Prisons Ordinance;
(Cap. 76)

"sentence of imprisonment" includes the aggregate punishment imposed in the form of consecutive sentences.

PART II
PAROLE BOARD

Establishment of the Board

3. (1) There is hereby established a Board called the Parole Board which shall consist of the following 5 members:

(a) A chairman;

(b) A judge of the High Court or a magistrate;

(c) A registered medical practitioner;

(d) A parole officer; and

(e) An elected member of a council.

(2) All the members of the Board shall be appointed by the Minister acting in accordance with the advice of the Cabinet, for a term of 3 years.

(3) Any member may resign his office by notice in writing addressed to the Minister and from the date of receipt of such notice by the Minister such member shall cease to be a member of the Board.

General powers of the Board

4. The Board shall have power to deal with any person of the Board convicted of any offence and undergoing a sentence of imprisonment and of any person released on parole under Part III of this Act while serving any such sentence.

Meetings and procedure of the Board

5. (1) Meetings of the Board shall be held at such times and procedure of places as the Board or the Chairman appoints.

(2) At any meeting of the Board 3 members shall form a quorum.

(3) Subject to the provisions of this Act, the Board may regulate its procedures in such manner as it thinks fit.

Secretariat of the Board

6. The Minister shall provide the Board with secretarial and administrative services.

Functions of the Board

7. (1) The Board shall have power to deal with and decide as to-

(a) the release on parole of any offender eligible for parole under section 11 of this Act;

(b) the remission, suspension or variation of any condition of parole of any offender, or the imposition on any such offender of any additional condition of parole.

(2) In considering any case under this section the Board may have regard to or request any person to provide any information or representation which in the Board’s opinion may be of assistance in reaching a decision including any information or representation concerning -

(a) the safety of the public, and of any person or class of persons who may be affected by the release of the offender;

(b) the welfare of the offender and his reformation and training in prison in which lie is detained;

(c) the sentence imposed by the Court and any comments by the Court when such sentence was imposed;

(d) any recommendation made by the Superintendent of Prisons;

(e) any representation made by the offender or any person acting in his behalf;

(f) the probable circumstances of the offender if released;

(g) the likely response of the offender to supervision by the parole officer;

(h) any other information or representation which the Board may think fit.

(3) The Board shall prepare and send annual report of its proceedings to the Minister within three months after the end of each year.

Applications for Prerogative of Mercy

8. (1) In addition to the functions of the Board under the provisions of section 7 of this act the Board shall receive and compile an application by or from any person requesting for the exercise of the Prerogative of Mercy under section 50 of the Constitution which the Board shall send forthwith to the Cabinet through the Office of the Beretitenti for consideration and decision.

(2) All applications under subsection (1) shall be sent in the prescribed form to the secretariat of the Board as provided for under section 6 of this Act.

Saving of Board members from liability

9. No member of the Board shall be liable to any action or suit whatsoever in respect of any act, error or omission in the exercise of any functions conferred or imposed on the Board or any member by this Act or any other Act.

Remuneration of members

10. (1) Every member of the Board who is not a full-time salaried employee of the Government shall be paid such remuneration, travelling expenses and other allowances as may from time to time be fixed by the Cabinet.

(2) All payments made pursuant to this section shall be paid out of money appropriated by the Maneaba ni Maungatabu.

PART III
RELEASE AND SUBSEQUENT SUPERVISION OF OFFENDERS

Eligibility for parole consideration

11. (1) Every offender shall be eligible for consideration by the Board for release on parole upon the expiry of the following periods from the date of his reception in a prison after sentencing:-

(a) 10 years in the case of every prisoner undergoing imprisonment for life;

(b) 1 year or after the expiry of one half of the term of the sentence of imprisonment whichever period is longer, in the case of every prisoner undergoing a sentence of one year or more other than a sentence of life imprisonment or detained under section 144 or 146(2) or (3) of the Criminal Procedure Code or any similar provision.

(Cap. 17)

(2) The Board shall consider tile case of every offender as soon as practicable after the expiry of the terms as provided in subsection (1) of this section and at least once in every period of 12 months thereafter.

(3) After any prisoner has become entitled to have his case considered for the first time under subsection (1) of this section, he may from time to time apply to the Board for the further consideration of his case.

Provided that no application under this subsection shall be made to the Board at any time, within 12 months after the making of a previous application under this subsection.

(4) Any member of tile Board may at any time after the expiration of the appropriate period provided for in subsection (1) of this section request the Board to consider any case and on such request the Board may consider such case.

(5) In considering any case under this section the Board or any member authorised in writing by the Board may interview the prisoner at the prison in which he is detained or require the offender to attend before a meeting of the Board or the prison officer to bring such offender to attend before the meeting of the Board.

Periodical reports on certain prisoners

12. For the purposes of this Act the Superintendent of Prisons or any other person authorised by him in that behalf shall submit an annual report in the prescribed from to the Board within two months after the end of each year of a sentence of imprisonment on the general condition of every offender who is undergoing –

(a) imprisonment for life;

(b) a sentence of imprisonment of one year or more; and

(c) any other offender who is detained under section 144 or 146(2) or (3) of the Criminal Procedure Code or any similar provision.

Term of parole

13. (1) Where any offender who is detained under sentence of imprisonment of one year or more, not being imprisonment for life, or detained under section 144 and section 146(2) or (3) of the Criminal Procedure Code or any similar provision is released he is liable to be detained under the sentence, he shall be on parole from the time of his release, until the expiry of the term of his sentence.

(2) Where any offender detained under a sentence of imprisonment for life is released from detention, he shall be on parole, from the time of his release, for the rest of his life.

Parole Order

14. (1) The Board may be order release on parole any offender subject to the general conditions set out in section 15 of this Act and any special conditions as the Board thinks fit, which shall be incorporated in such parole order.

(2) Every parole order shall be –

(a) in writing;

(b) signed by the Chairman of the Board or any other member authorised by the Board; and

(c) given to the offender prior to his release from prison.

Conditions of parole

15. (1) Where any offender is released on parole, the following general conditions shall apply-

(a) within 24 hours after his release on parole he shall report in person to the parole officer at the place stated in the parole order of if he does not proceed directly to that place, then he shall report to some other parole officer within 48 hours of his release on parole;

(b) he shall report to the parole officer under whose supervision he is for the time being as and when he is required to do so by the parole officer;

(c) he shall give to the parole officer and the Superintendent of Prisons reasonable notice of his intention to move from his address and if he moves to any other address, he shall within 48 hours after his arrival at that other address, notify his parole officer of his arrival, his new address, and the nature and place of his employment (if any);

(d) he shall not reside at an address that is not approved by the parole officer;

(e) he shall not continue in any employment, or continue to engage in any occupation, that is not approved by the parole officer;

(f) he shall not associate with any specified person, or with persons of any specified class, with whom the parole officer has in writing warned him not to associate;

(g) he shall be of good behaviour and shall not commit any offence against the law.

(2) Every parole offender shall be under the supervision of a parole officer in whose district or area of authority he resides for the time being, or of such other parole officer as the Chief Parole Officer may from time to time direct.

(3) Any paroled officer or his parole officer may at any time apply to the Board for the remission, suspension, or variation of any general or special condition of parole.

(4) Any parole officer may apply to the Board for the imposition of any additional condition of parole in respect of any paroled offender under his supervision.

Recall of offender released on parole

16. The Board may for any reason at any time direct in writing that a paroled offender be recalled. On the giving of the direction, the parole order shall be deemed to be cancelled, and the paroled offender may be arrested without a warrant by any police or prison or parole officer and shall continue to serve his sentence unless he is again released on parole by the Board under this Act or under the Prisons Ordinance as the case may be.

(Cap.76)

Term of parole deemed part of sentence

17. Whenever any person detained under any sentence is released on parole before the expiry of the sentence, the term of the sentence shall continue to run while he is on parole as if he were still serving the sentence and the date of expiry of the sentence shall be determined accordingly.

Offence to breach conditions of parole

18. (1) Every paroled offender who contravenes or fails to comply with any condition of his parole commits an offence and shall be liable on conviction to imprisonment for a term of 12 months or to a fine of $100.

(2) Where any parole or prison or police officer believes on reasonable grounds that any paroled offender has committed a breach of a condition of his parole, he may arrest the offender without warrant.

(3) The conviction and sentencing of any paroled offender under this section shall not limit the power or recall conferred by this Part of this Act.

PART IV
PAROLE OFFICERS

Parole officers

19. A chief parole officer and such other parole officers as are required for the purposes of this Act shall be appointed by the Minister from amongst suitable persons employed in the public service of the Government.

Powers and duties of parole officers

20. (1) A parole officer may and shall when so required by the Board –

(a) report to the Board on the character and personal history of any offender released on parole or under going a sentence of imprisonment with a view to assisting the Board in determining the most suitable method of dealing with his case; and

(b) in such report advise the Board whether the offender would be likely to respond satisfactorily to parole and whether any special condition of parole should be imposed.

(2) It shall be the duty of every parole officer –

(a) to supervise all persons placed under his supervision under this Act or Section 59A of the Prison Ordinance with a view to assisting their local rehabilitation and preventing the commission of further offences; and

(Cap. 76)

(b) to perform such other duties as may be prescribed by this act.

(3) In the exercise o his powers and duties under this Act, every parole officer shall have to powers, protection and privileges of a police officer.

PART V

Regulations

21. The Minister may make regulations generally for the purpose of carrying this Act into effect and for the due administration thereof and in particular for the following matters –

(a) the forms required to be prescribed under this Act;

(b) any other matter that may be required to be prescribed under this Act.

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THE PAROLE BOARD ACT 1986

EXPLANATORY MEMORANDUM

The principal subject of this Act is to establish a Parole Board which should be empowered to deal with and decide on matters relating to the release on parole and supervision thereof of a prisoner who is serving a sentence of imprisonment.

Scheme of the Act

It will be seen that this Act is divided into five Parts.

1. Part I. This provides for preliminary matters such as the short title and the definition of terms used in the Act.

2. Part II. This provides from membership of the Board of five, who are to be appointed by the Minister on the advice of the Cabinet (section 3).

Under the same Part the Board is empowered –

(a) to deal with any offender who is detained in prison or has been released on parole under this Act (section 4).

(b) to release on parole any offender and remit, suspend or vary etc any condition of parole, subject to certain matters which must be taken into account when doing so (section 7).

(c) to receive and compile any application for the granting of a Prerogative of Mercy under section 50 of the Constitution (section 8).

It is intended under this provision that for future applications under section 50 of the Constitution the Board be made responsible for the receipt, compilation and transmission to the Cabinet of such applications. Presently no systematized procedures exist for such applications apart from a direct application to the Beretitenti, It is to be noted that the power conferred on the Board under this provision is merely one of receipt, compilation and transmission. It cannot however reject, consider nor make any decision on the application as such power is reserved to the Cabinet and the Beretitenti.

3. Part III. This Part provides for the release on parole and the subsequent supervision of offenders released such.

As an operative Part of the Act it has the following features.

(1) Eligibility for parole.

(a) Section 11 provides for the periods of eligibility of an offender for parole consideration by the Board as follows:

(i) imprisonment for life 10 years after serving such sentence in prison;

(ii) a sentence of one year or more 1 year or after the expiry of one half of the term of imprisonment.

(2) Periodical reports by the Superintendent of Prisons on certain offenders or prisoners as provided for in Section 12.

(3) Other matters which are dealt with under this Part are –

(a) Term of parole, (Section 13);
(b) Parole Order (Section 14);
(c) Conditions of parole (Section 15);
(d) Recall of offenders (Section 16);
(e) Term of parole deemed part of sentence; and
(f) Offence to breach conditions of parole.

It is to be noted that the power of recall of the Board is very wide in order to enable the Board to deal with any emergency situation.

4. Part IV. This deals with parole officers who are to be appointed by the Minister. It is to be noted that in view of the shortage of trained social welfare officers who normally should be appointed as parole officers it will be open to the Minister to appoint under the Act any person employed in the public service to serve as a parole officer some of whom may be trained social welfare officers.

Michael N. Takabwebwe
The Attorney General