83. Referral to External Placement Review Board

There is to be an External Placement Review Board for one or more prisons, or more than one External Placement Review Board for one prison.

The Commissioner must refer all of the following matters in relation to a prisoner of a prison (if applicable) to the External Placement Review Board for the prison:

whether the Minister should direct the Commissioner to make an external placement order under section 59B(1) of the Act in respect of the prisoner;

whether the Minister should direct the Commissioner to extend the duration of the prisoner’s external placement order under section 59B(2) of the Act;

whether the Minister should cancel the prisoner’s external placement order under section 59H(1) of the Act.

Without affecting paragraph (2), the Commissioner may refer any other matter relating to the external placement scheme established under Part 6A of the Act to a relevant External Placement Review Board.

Before the Minister gives any direction or makes any decision in relation to an external placement order in respect of a prisoner’s case, the Commissioner must refer the prisoner’s case to an External Placement Review Board for the prison in which the prisoner is in.

The External Placement Review Board must consider any matter referred to it under paragraph (2), (3) or (4) and make a recommendation for the Minister’s or the Commissioner’s decision, as the case may be.

In making its recommendation to the Minister, the External Placement Review Board must have regard to the factors in section 59B(3)(a) of the Act and may have regard to the factors in section 59B(3)(b) of the Act.

There is to be an External Placement Review Board for one or more prisons, or more than one External Placement Review Board for one prison.

The Commissioner must refer all of the following matters in relation to a prisoner of a prison (if applicable) to the External Placement Review Board for the prison:

whether the Minister should direct the Commissioner to make an external placement order under section 59B(1) of the Act in respect of the prisoner;

whether the Minister should direct the Commissioner to extend the duration of the prisoner’s external placement order under section 59B(2) of the Act;

whether the Minister should cancel the prisoner’s external placement order under section 59H(1) of the Act.

Without affecting paragraph (2), the Commissioner may refer any other matter relating to the external placement scheme established under Part 6A of the Act to a relevant External Placement Review Board.

Before the Minister gives any direction or makes any decision in relation to an external placement order in respect of a prisoner’s case, the Commissioner must refer the prisoner’s case to an External Placement Review Board for the prison in which the prisoner is in.

The External Placement Review Board must consider any matter referred to it under paragraph (2), (3) or (4) and make a recommendation for the Minister’s or the Commissioner’s decision, as the case may be.

In making its recommendation to the Minister, the External Placement Review Board must have regard to the factors in section 59B(3)(a) of the Act and may have regard to the factors in section 59B(3)(b) of the Act.