12. Indeterminate Sentences. It is recommended that, in the overseas territories, the procedure for reviewing indeterminate sentences should be similar to that in the United Kingdom as described in paragraph 10 above.
13. Young Persons. It is recommended that all young prisoners under 20 years of age at the time of their offences should have their cases reviewed annually, whether their sentences are indeterminate or for fixed terms.
14.
Procedure
Specimen Form. Enclosed with this memorandum is a specimen form for use in the periodical review of long sentence cases which was introduced into the prisons of the Federation of Malaya shortly before that territory became independent and a similar form is now in use in Uganda. It is suggested that a form of this kind might be used with advantage in many overseas territories, both for reviews of indeterminate sentences and for those of fixed term, In the former the information about the prisoner would be intended mainly to determine his cligibility for release and in the latter to review his progress generally.
15. Board for Review.
As to the procedure for the conduct of periodical reviews, the Advisory Committee is favourably impressed by that which has recently been adopted in Hong Kong. An official Board for the roview of long term prison sentences has been established, with the following terms of reference:
"At the prescribed intervals, or wit such lesser intervals as circumstances may require, to reply. the sentences of all long term prisoners, including prisons atained during "Her Majesty's pleasure", and in each case to tender appropriate
advice to the Governor on the exercise of the prerogative of mercy."
The Board comprises the following members:
The Attorney-General, the Director of Medical and Health Services or his representative, the Director of Social Welfare or his representative, the Clerk of the Councils and one unofficial Justice of the Peace. It is thought that a similar Board could usefully be set up in all territories where the number of prisoners serving long sentences may be thought sufficient to warrant it. The composition and terms of reference of such a board, however, would depend upon local circumstances.
16. Legislation. It is recommended that arrangements for the periodical review of all long sentences, whether indeterminate or of a fixed term, should be provided for by statute or in rules made thereunder.
COP215460
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