Despite these inevitable differences of view, the chart at Annex C shows that the proportion of convicted murderers whose sentences have been commuted to life imprisonment has remained remarkably stable since 1976, at just over 70%. The comparative figure between 1966 and 1975 was 25%. A list of all commutation cases from 1966 to June 1987 is at Annex D. Members may note that the murder rate is not increasing, but rather seems to be on a downward trend at present (Annex E).
Board of Review
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Long Term Prison Sentences
6
A difficulty arises when
Members consider
recommendations of the Board that a life sentence for murder be reduced to a determinate sentence.
7
It must be borne in mind that once a convicted murderer has had his sentence commuted to one of life imprisonment, he becomes a prisoner like any other and has the same rights as any other prisoner. He is entitled to petition the Governor periodically reviewed scheme under the Prison it is not possible Royal Prerogative or discretion
for clemency and to have his case in accordance with the statutory Rules. For constitutional reasons, to regulate,
regulate, in any formal sense, the to fetter the Governor's ultimate
8
The Board was first set up in 1959.
It is a non-statutory advisory body chaired by the Attorney General. It has the following terms of reference
9
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"At the prescribed intervals, or after such lesser intervals as circumstances may require, to review the sentences of all long-term prisoners, including prisoners detained during "Her Majesty's Pleasure", and in each case to tender appropriate advice to the Governor on the exercise of the prerogative."
The "prescribed intervals" are those in Rule 69A of the Prison Rules. Under this Rule, the Commissioner of Correctional Services must submit to the Governor for review the case of any prisoner imprisoned for life after 4 years and every 2 years thereafter.
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once
On only three occasions has the Board recommended that a life sentence for murder be reduced to a determinate sentence
in 1966, once in 1986 and once this year. An Information Note was put before this Council on 26 August 1986 proposing that the Board's recommendations should thereafter be submitted to the Council for advice.
No comments yet.
Private notes are available after approval.