in certain territories, administrative officers having supervisory authority in respect of prisons. These observations, however, affect all prisoners, irrespective of the length of their sentences.
7.
Confining one's attention to long sentences, the purpose of the periodical review depends largely on whether the sentence is indeterminate or of a fixed tern. For,
whilst in the former case the main object is to consider at what stage in his sentence the prisoner or detainee may properly be released, in the latter the presumption is that he will not be released until a prescribed portion of his sentence, or the whole of it, has expired. The distinction is an important one for it requires consideration of the comparative usefulness of periodical reviews in the two cases. Whilst there can be no question of the need for periodical reviews of indeterminate sentences, the need may seem less clear in the case of the prisoner who is not expected to be released until the normal tern of his sentence has expired. We may usefully consider the need for periodical reviews of long toru fixed sentences at this stage.
Position in England and Wales
8. Fixed Sentences. In England and Wales long fixed sentences have hitherto been reviewed at intervals of four years. This practice was adopted in the 19th century primarily as a means of ensuring that if a prisoner was deteriorating mentally or physically under prolonged detention his case was brought to the Hone Secretary's notice with a view to the excrcise of the Royal Prerogative of Mercy. In more recent times the excrcise of the Royal Prerogative has been recomended not only on medical grounds but, in exceptional cases, because circumstances have come to light which had they been known at the time of the trial might have affected the sentence or in order to reduce exemplary sentences imposed primarily to deter others or sentences which are disproportionally long in relation to the periods for which murderers are currently being detained. The grounds for recommending the exercise of the Royal Prerogative are now brought to the Home Secretary's notice as they arise, e.g. by reports submitted by the prison medical officer, and it has been decided to abandon the quadrennial review except for prisoners (other than preventive detention prisoners) who will be in prison for more than eight years and for those sentenced under Section 2 of the Homicide Act, 1957. The cases of prisoners who are still in prison after eight years will continue to be reviewed at that point and thereaftor at least every four
years.
9. Fixed sentences imposed under Section 2 of the Homicide Act, 1957 on persons found to be suffering fron diminished responsibility are at present being reviewed at the same intervals as indeterminate sentences so as to ensure that anomalies do not arise as between prisoners sentenced to fixed terms and those sentenced to life imprisonnent under the sanc section.
10.
Indeterminate Sentences. In England and Wales the normal practice is for every indeterminate sentence, that is, a life sentence or detention "during pleasure", to be reviewed after the initial 12 months have been served, by which time it is usually possible to decide whether the prisoner should be released after serving a short time or not. Thereafter cases are reviewed after four years (from the date of sentence) and then at quadrennial intervals except where a review has indicated that the case
Thus cases of should come up again after less than the usual period.
prisoners who are likely to be released after nine years are reviewed after
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