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Samoa Consolidated Legislation 2008 |
CONSOLIDATED ACTS OF SAMOA 2008
Arrangement of Provisions
TITLE
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Administration
PART II
PRISONS PAROLE BOARD
4. Establishment of Prisons Parole Board
5. Jurisdiction of Board
6. Meetings and procedure of Board
7. Functions and powers of Board
8. Saving of Board members from liability
9. Remuneration of appointed members
PART III
RELEASE AND SUBSEQUENT
SUPERVISION OF OFFENDERS
10. Eligibility for parole consideration
11. Term of parole
12. Parole order
13. Conditions of parole
14. Recall of offender released on parole
15. Term of parole to be deemed part of sentence
16. Offence to breach conditions of parole
PART IV
PAROLE OFFICERS
17. Parole officers
18. Powers and duties of parole officers
PART V
GENERAL
19. Regulations
_____________________________
THE PRISONS PAROLE BOARD ACT 1977
1977 No. 7
AN ACT to establish a Prisons Parole Board and to make provision for the parole of offenders.
(25 August 1977)
(Commencement date: 25 August 1977)
PART I
PRELIMINARY
1. Short title - This Act may be cited as the Prisons Parole Board Act 1977.
2. Interpretation - In this Act, unless the context otherwise requires:
"Chief Executive Officer" means the Chief Executive Officer of the Ministry of Justice and Courts Administration.
"Court" means any Court exercising any jurisdiction in criminal cases.
"Minister" means the Minister of Justice and Courts Administration.
"Offender" means any person undergoing a sentence of imprisonment.
"Parole officer" means a parole officer appointed under Part IV.
"Paroled offender" means any person for the time being under the supervision of a parole officer under or by virtue of this Act.
"Prisons Parole Board" or "Board" means the Prisons Parole Board established by section 4.
3. Administration - This Act shall be administered by the Justice Department under the control of the Minister.
PART II
PRISONS PAROLE BOARD
4. Establishment of Prisons Parole Board - (1) There shall be a Prisons Parole Board which shall consist of the following 6 members:
(a) A Judge of the Supreme Court, who shall be the Chairperson;
(b) The Chief Executive Officer;
(c) The Commissioner of Prisons;
(d) 3 other persons, of whom one shall be a registered medical practitioner or a psychologist and one shall be a woman.
(2) Every Board member appointed under subsection (1)(a)(d) shall be appointed by the Head of State, acting on the advice of Cabinet, for a term of 3 years, but may be reappointed.
(3) Every appointed member may at any time resign from office by writing addressed to the Minister, and may be removed by the Head of State, acting on the advice of Cabinet, for disability, neglect of duty, or misconduct.
(4) When any appointed member of the Board is incapacitated by illness, absence from Samoa or other sufficient cause, the Minister may appoint in the member’s place to act temporarily as a member of the Board:
(a) A Judge of the Supreme Court or the District Court, in the case of a member of the Board appointed under subsection (1)(a);
(b) Any person, in the case of a member of the Board appointed under subsection (1) (d).
(5) No appointment of a temporary member and no acts done by him or her as such, and no acts done by the Board while any temporary member is acting as such, shall in any proceeding be questioned on the ground that the occasion for any such appointment had not arisen or had ceased, or on the ground that any member of the Board acted as such while a temporary member appointed in his or her place remained in office.
(6) Any Board member referred to in subsection (1)(a) or (c) may authorise in writing any senior officer of his or her Department to attend any meeting in the member’s place and while any such officer is attending any meeting he or she shall for all purposes be deemed to be a member of the Board.
5. Jurisdiction of Board - The Board shall have jurisdiction in respect of persons undergoing sentences of imprisonment, and of persons released on parole under Part III after serving any such sentence.
6. Meetings and procedure of Board - (1) Meetings of the Board shall be held at such times and places as the Board or the Chairperson appoints.
(2) At any meeting of the Board 3 members shall form a quorum.
(3) Subject to the provisions of this Act and of any regulations thereunder, the Board may regulate its procedure in such manner as it thinks fit.
7. Functions and powers of Board - (1) The functions of the Board shall be:
(a) To decide as to the release on parole of any offender eligible for parole under section 10;
(b) To decide as to the remission, suspension, or variation of any condition of parole of any offender, or as to 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 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 any class or classes of persons who may be affected by the release of the offender;
(b) The welfare of the offender and his reformation and training in the prison in which he or she 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 officer-in-charge of the prison;
(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.
(3) Not later than the 31st day of March in every year the Board shall send to the Minister a report of its proceedings during the year ended on the 31st day of December preceding the making of the report.
8. Saving of Board members from liability - 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 power or duty conferred or imposed on the Board or any member by this Act or any other Act.
9. Remuneration of appointed members - (1) Every appointed member of the Board who is not a full time salaried employee of the Government of Samoa shall be paid such remuneration, travelling expenses and other allowances as may from time to time be fixed by Cabinet.
(2) All payments made pursuant to this section shall be paid out of money appropriated by the Legislative Assembly for the purpose.
PART III
RELEASE AND SUBSEQUENT
SUPERVISION OF OFFENDERS
10. Eligibility for parole consideration - (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 or her reception in a prison after sentencing:
(a) 10 years in the case of every offender undergoing imprisonment for life, having been sentenced to death and the sentence having been commuted to life imprisonment;
(b) 8 years in the case of every other offender undergoing imprisonment for life.
(c) 1 year or after the expiry of one-half of the term of the sentence, whatever period is longer, in the case of every offender undergoing a sentence of one year or more other than a sentence of life imprisonment.
(2) The Board shall consider the case of every offender as soon as practicable after the expiry of the terms as provided in subsection (1) and at least once in every period of 12 months thereafter.
(3) After any offender has become entitled to have his or her case considered for the first time under subsection (1), the offender may from time to time apply to the Board for the further consideration of his or her case:
PROVIDED THAT no application under this subsection shall be made to the Board at any time within 6 months after the making of a previous application under this subsection.
(4) Any member of the Board may at any time after the expiration of the appropriate period provided for in subsection (1) request the Board to consider any case, and on such request the Board shall consider the case at its next meeting.
(5) In considering any case under this section the Board shall not be required to interview the offender but the Board or any member of the Board may interview the offender at the prison in which he or she is detained or summon the offender before a meeting of the Board.
11. Term of parole - (1) Where any offender who is detained under a sentence of imprisonment of one year or more, not being imprisonment for life and not being a person to whom subsection (3) applies, is released from detention before the expiry of the maximum term for which he or she is liable to be detained under the sentence, the offender shall be on parole, from the time of release, until the expiry of the term of the sentence, or for one year if the unexpired part of that term is less than a year:
PROVIDED THAT the Board may in its discretion discharge from parole any offender who remains on parole after the maximum term of his imprisonment by virtue of the requirement of a minimum of one year of parole prescribed in subsection (1).
(2) Where any offender detained under a sentence of imprisonment for life is released from detention, the offender shall be on parole, from the time of his or her release, for the rest of his or her life.
(3) This section, so far as it is applicable to a person released from detention under a sentence of imprisonment of one year or more, shall apply whether the release is under this Part, or is pursuant to a partial remission of his or her sentence under the Prisons Act 1967.
(4) For the purposes of this section, cumulative terms of imprisonment shall be deemed to be one term.
12. Parole order - (1) The Board shall order that the release on parole of any offender shall be subject to the general conditions set out in section 13 of this Act, and any special conditions as the Board thinks fit, and such conditions shall be incorporated in a parole order.
(2) Every parole order shall be in writing and signed by a member authorised by the Board and a copy of the order shall be given to the offender personally at a meeting of the Board prior to the offender's release from prison.
13. Conditions of parole - (1) Where any offender is released on parole, the following general conditions shall apply:
(a) Within 24 hours after his or her release on parole the offender shall report in person to the parole officer at the place stated in the parole order, or if he or she does not proceed directly to that place, then the offender shall report to some other parole officer within 48 hours of his or her release on parole;
(b) The offender shall report to the parole officer under whose supervision he or she is for the time being as and when he or she is required to do so by the parole officer;
(c) The offender shall give to the parole officer reasonable notice of his or her intention to move from his or her address; and if the offender moves to any other address, he or she shall, within 48 hours after arrival at that other address, notify the chief parole officer of his or her arrival, the new address, and the nature and place of his or her employment;
(d) The offender shall not reside at an address that is not approved by the parole officer;
(e) The offender shall not continue in any employment, or continue to engage in any occupation, that is not approved by the parole officer;
(f) The offender shall not associate with any specified person, or with persons of any specified class, with whom the parole officer has, in writing, warned him or her not to associate;
(g) The offender 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 he or she 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 offender 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, and the parole officer may in his or her discretion, and in writing, suspend the condition until the application has been heard by the Board and disposed of.
(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 or her supervision.
14. Recall of offender released on parole - (1) Subject to subsection (2), the Board may, at any time while an offender released by the Board is on parole, direct that the offender be recalled. On the giving of the direction, the parole shall be deemed to be cancelled, and the offender may be arrested without warrant by any constable, and shall continue to serve his or her sentence unless he or she is again released on the recommendation of the Board under this Part or pursuant to any remission of part of his or her sentence, as the case may be.
(2) Wherever any offender in order to satisfy the requirement of a minimum of 1 year of parole established by section 11(1) remains on parole after the expiry of his or her sentence, whether the sentence expired due to a partial remission or not, the offender may be recalled only at the direction of a District Court Judge on the application of a parole officer. On the giving of the direction the parole shall be deemed to be cancelled, and the offender shall be detained and shall serve the then unexpired term of his one year of parole, unless he or she is again released on the recommendation of the Board under this Part or pursuant to any remission of part of his or her sentence, as the case may be:
PROVIDED THAT such release shall not operate to extend the term of the offender's parole beyond the date on which that term would have expired had he or she not been recalled.
(3) The powers conferred by this section may be exercised on such grounds as the Board or, as the case may be, the District Court Judge thinks fit, and whether or not the offender has committed a breach of the conditions of parole.
(4) On any application to a District Court Judge under this section, the offender shall be entitled to be heard and may be represented by a solicitor or counsel.
(5) Any such application may be dealt with in Chambers.
(6) Any parole officer or any constable may arrest any such offender without warrant for the purpose of taking the offender before a District Court Judge to be dealt with in accordance with this section.
(7) The provisions of sections 68, 69, and 73 of the Criminal Procedure Act 1972 shall, with any necessary modifications, apply to every such application and the hearing thereof as if it were an information.
(8) Where a District Court Judge directs the recall of any offender under this section, the Judge may issue a warrant in the prescribed form directing that the offender be returned to a penal institution in which he or she may be lawfully detained.
15. Term of parole to be deemed part of sentence - 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 or she is on parole as if the person were still serving the sentence; and the date of expiry of the sentence shall be determined accordingly.
16. Offence to breach conditions of parole - (1) Every paroled offender who contravenes or fails to comply with any condition of his or her parole commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding 1 penalty unit.
(2) Where any parole officer or any constable believes on reasonable and probable grounds that any paroled offender has committed a breach of a condition of his or her parole, he or she may arrest the offender without warrant.
(3) The conviction and sentencing of any paroled offender under this section shall not limit the power of recall conferred by this Part.
PART IV
PAROLE OFFICERS
17. Parole officers - (1) There may from time to time be appointed by the Public Service Commission a chief parole officer and such other parole officers as are required for the purposes of this Act.
(2) Notwithstanding anything in subsection (1), the Minister on the recommendation of the Chief Executive Officer may from time to time appoint any person, or the holder for the time being of any office or appointment, as a parole officer in a part time capacity for the purposes of this Act. No person appointed under this subsection shall by virtue of that appointment become an officer or employee of the Public Service and nothing in the law governing the Public Service shall apply with respect to that appointment. Any parole officer appointed under this subsection may be paid out of money appropriated by the Legislative Assembly for the purpose such remuneration by way of fees, and such allowances, as may be determined by the Minister with the concurrence of the Cabinet.
(3) Any appointment under this section may be held in conjunction with any appointment made under section 4 of the Offenders Probation Act 1973 or in conjunction with any office or appointment which in the opinion of the Chief Executive Officer is not inconsistent with the powers and duties of a parole officer.
(4) Any person appointed under this section shall be responsible to the Chief Executive Officer.
18. Powers and duties of parole officers - (1) A parole officer may, and shall when so required by the Board, report to the Board on the character and personal history of any person released on parole or undergoing a sentence of imprisonment with a view to assisting the Board in determining the most suitable method of dealing with his case; and may 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, with a view to assisting their social rehabilitation and preventing the commission of further offences;
(b) To perform such other duties as may be prescribed by this Act or any other Act or regulations.
(3) In the exercise of his or her powers and duties, every parole officer shall have the powers, protection, and privileges of a constable, and shall, in the manner set out in section 14(1) of the Police Service Act 1977, take and subscribe the oath set out therein, or to like effect, with substitution of a reference to "the Justice Department" for the reference to "the Police Service".
PART V
GENERAL
19. Regulations - The Head of State, acting on the advice of Cabinet, may make such regulations as may in the Head of State’s opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
REVISION NOTES 2008
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –
(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.
(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.
(c) All references to the male gender have been made gender neutral.
(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(e) Amendments have been made to up-date references to offices, officers and statutes.
(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.
Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
REVISION NOTES 2008 No. 2
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revision has been made – the commencement date has been noted and added after the date of assent.
Revised under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).
The Prisons Parole Board Act 1977 is
administered in the Ministry of Justice and Courts Administration.
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