Page 85 - Q&A Book.indd
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Procedure Act of 1977. My feedback will focus on parole considerations
for prisoners serving a minimum sentence of two years up to life
imprisonment. Medical parole, as a separate form of parole, will be
disregarded herein.
For purposes of parole, prisoners fall into two categories:
• Prisoners serving determined sentences
• Prisoners serving undetermined sentences
Prisoners who are serving determined sentences can further be divided
into two categories namely:
• Sentenced prisoners without a non-parole period - no
prescribed period that the offender must spend in prison before
parole is considered - are eligible for parole after serving half of
their sentence.
• Sentenced prisoners with a non-parole period – serving a
sentence to which a period for not being eligible for parole has
been attached - can only be considered for parole after serving
the non-parole period or half of the entire sentence depending
on which one is the lowest. The non-parole period also cannot
be more than two-thirds of the entire sentence or 25 years,
whichever period is shorter.
Should a prisoner believe that he is eligible for parole, the prisoner must
apply to the Correctional Supervision and Parole Board (“Board”) to
be placed on parole. The Board, based on appropriate reports and
recommendations from correctional officers, will consider and decide
whether the prisoner should be granted parole. Should the Board dismiss
the application, the prisoner or an interested party may request that the
Review Board overturn the decision of the Board.
Our courts may also be approached should a prisoner feel aggrieved by
the decision of a Board or Review Board to deny him parole. Our courts
may not order the Board to grant parole but may evaluate whether the
decision to deny parole was properly considered and refer the matter
back for reconsideration. Litigation
Prisoners serving sentences for serious offences, or for which mandatory
minimum sentences are prescribed by legislation, have determinable
sentences, and the nature and seriousness of these offences result
in these sentences being treated as similar to a sentence of life
imprisonment and only a court can determine whether such prisoners
may be placed on parole.
These prisoners must serve at least four-fifths of their entire sentence or
25 years whichever period is the shorter, for them to be considered for
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