Judgment No CCZ 8/16 18
Const. Application No CCZ 48/15
requires the Board to inform the prisoner whether or not it has recommended his release
and, if it has not recommended his release, to inform him briefly of the reasons why no
such recommendation was made.
Subsections (1) and (3) of s 115 of the Prisons Act empower the Minister, after
consultation with the Parole Board or the Advisory Board, as the case may be, to release
a prisoner on licence, for such period and subject to such conditions as may be specified
in the licence. This power applies to “any convicted prisoner, including a prisoner who
has been sentenced to periodical or extended imprisonment, other than a prisoner who has
been sentenced to death or to imprisonment for life” (my emphasis). Subsections (2) and
(4) of s 115 enable the Minister, at any time but subject to consultation with the relevant
Board, to amend, cancel or add to any of the conditions of a licence or to cancel a licence
and direct that the person concerned be returned to a prison.
Section 121, which appears in Part XXI of the Prisons Act, governs the reporting
procedure on long term prisoners with reference to the power of mercy exercisable under
s 112 of the Constitution. Section 121(1a) of the Act deals specifically with prisoners
undergoing imprisonment for life. It enjoins the Commissioner (the first respondent) to
prepare a report at the end of every five years after the first ten years served by each life
prisoner. The Commissioner must forward every such report to the Minister “who may,
if he thinks fit, submit it to the President”. Section 121(2) requires the Commissioner to
supply more frequent reports if so requested by the Minister.
It also requires the
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