3. The Committee also examined the arrangements for reviewing the cases of persons detained during Her Majesty's pleasure or during the Governor's pleasure (or, are properly, until the pleasure of Her Majesty (or the Governor) is made known) including Broadmoor patients. Here again, wide differences in the arrangements exist. In one territory, all such cases, including Broadmoor patients, are reviewed every 6 months, with the exception that persons under 18 years of age detained "during pleasure" following conviction for capital offences have their cases reviewed quadrennially. In another, whilst all persons between the ages of 18 and 23 detained "during pleasure" have their cases reviewed annually, all adults over 23 in the same category have their cases reviewed quadrennially and all criminal mental cases have their cases reviewed at 6 monthly intervals. Other arrangements also cxist. In about a dozen territories, however, no special arrangements for reviewing these kinds of cases exist at all.
4. In practically every territory it is possible for special reviews to be arranged, usually in response to petitions from the prisoner or detainee himself or from his friends or relatives. It is also customary for the Governor, or the Attorney-General under authority delegated by the Governor, to have the power to call for a review without having to state any special reasons for doing so. Prison medical officers sometimes ask for special reviews if the prisoner or detainee's health is likely to be seriously impaired by continued detention and chaplains and visiting justices may also ask for particular cases to be re-examined if they feel that the sentence is causing undue hardship to the prisoner or to his family. In one territory the Chief Justice' my order a special review and in any territories the head of the prisons department may request the Governor to order such a review.
5. Whilst the arrangements for periodical reviews vary in the manner described, there are also wide differences in the extent to which such arrangements are provided for by statute or regulation or are merely customary administrative practice. Of 39 territories which supplied information, 30 have statutory provision for the regular review of long sentences, however defined, 6 have purely administrative arrangements and 3 have no regular arrangements at all, either statutory or administrative. As regards the periodical review of the cases of persons detained "during pleasure", statutory provisions exist in only half the total number of territories.
The Purpose of Periodical Reviews
6. Before attempting to recommend the adoption of some degree of uniformity in the arrangements for the review of various types of cases in the overseas territories, the committee considered the purposes which reviews are intended to serve. The prerogative of mercy, of course, may be exercised in favour of any prisoner, irrespective of the length of his sentence and it is important, therefore, that every prison administration should ensure that no case in which the prerogative of mercy might properly be exercised escapes the notice of the authority having the power to exercise it. This general requirement, it is thought, should be
The committco secured by statute or by regulation made under a statute. believes that, in the overwhelming majority of the overseas territories, the relevant laws do in fact meet this requirement. The power to recommend the exercise of the prerogative should rest initially not only with the head of the prisons departmont, but also with other properly qualified persons, including visiting justices, the medical officer and,
1
/in
No comments yet.
Private notes are available after approval.