TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 127

CONFIDENTIAL

Crit

6.

We have no information as to whether criteria are laid down for the guidance of the Board in their consideration of these cases. Rule 69A requires the production of reports -

(i)

by the Prison Medical Officer on the mental and physical condition of the prisoner and whether or not imprisonment has had or is likely to have an injurious effect on his

health;

(ii) by the Superintendent of Prisons on the conduct and industry

of the prisoner and on any matter which might, in his opinion,

be relevant to the review.

In addition to these factors it would be usual to take account of the general character and record of the prisoner, the nature of his offence, and the likely public reaction to his earlier release.

Application of Review Procedure to Confrontation Prisoners

7. In order to secure the release from China last year of Mr. Grey, the Governor put forward the idea of using the Prisons Board of Review as a ploy to engineer the earlier release of a number of confrontation prisoners. Under normal procedures the Board was not entitled under Rule 69A to review the case of any prisoner over 21 at the date of offence unless he had been sentenced to more than six years. However, in the exercise of his discretion, the Governor gave instructions to the Board that it should review the sentences of all prisoners serving sentences of four years or more. This ploy was successful; number of confrontation prisoners were released and the release of Mr. Grey quickly followed.

8.

a

Having completed their review of the sentences of all confrontation prisoners serving more than four years, the Board has no power to undertake any further review of any sentences for another two years (one year in the case of any prisoners under 21 when the offence was committedd) unless the Governor once again instructs them to do so. The initiative for further action does not therefore rest with the

Board.

Further Use of Review Procedure

9.

The sentences of all the 35 prisoners due for release this year must have already been remitted to some extent subject to good

/ behaviour

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