of
a
The Board does not, and should not, review cases view to recommending the substitution determinate sentence, except in very limited circumstances.
12
a
Again, it
list,
They
nevertheless
is not possible to comprehensively, what those circumstances might be. will include the emergence of strong humanitarian considerations, the coming to light of new facts or circumstances not going to guilt but mitigatory, and, remembering that one is dealing with long periods of time, a change in society's attitude towards the gravity of the particular offence. If Members approach these very few cases in exactly the same way as they now
which commutation cases approach those
surrounded by strong mitigating circumstances or overriding humanitarian considerations, then the difficulties should not be great.
13
are
One further point relates to statutory "one-third" remission. All fixed-term sentences of more than one month, including those of convicted murderers, are subject to remission of a third for industry and good conduct. The main reason for this is simply that something like remission is essential to ensure prison discipline. It also aids rehabilitation.
14
There is, in theory, no legal reason why the Governor could not commute in terms excluding operation of the Prison Rules i.e. specifically directing that a person be held for the full period of, say, 25 years. This might however be unwise, as there would be no incentive on a prisoner to behave himself. If in a particular case it was thought that a term of 20 years actual imprisonment (i.e. 30 years less remission) was insufficient penalty, sentence of, say, 40 years (i.e. 27 years with remission) could be imposed instead of a life sentence.
15
Members will be aware that a Working Group was set up earlier this year with the following terms of reference -
"To carry out a comprehensive review of the terms of reference, composition and work of the Board of Review Long Term Prison
Sentences
and
to
recommendations
to
the
make Executive
Council.'
The Working Group has almost completed its Report and will report to this Council shortly.
11 November 1987
(L/M to AGC 1/1775/67 C SF(A))
COUNCIL CHAMBER
CONFIDENTIAL