Regulation 89A
Referral to Release on Licence Review Board
Subregulation 1
There is to be a Release on Licence Review Board for one or more prisons, or more than one Release on Licence Review Board for one prison, to consider, in respect of a prisoner of the prison or any one of the prisons for which the Release on Licence Review Board is established, any of the matters mentioned in paragraphs (2), (5) and (6).
Subregulation 2
A Release on Licence Review Board must consider any of the following matters referred to it by the Commissioner under paragraph (3), and must make a recommendation in relation to that matter for the decision of the Minister or a designated office-holder, as the case may be:
whether the Minister or a designated office-holder (as the case may be) should make a release order under section 50ZG(1) or (3) of the Act in respect of a prisoner who is subject to an SPP;
whether the Minister should make a release order under section 50ZG(2) or (4) of the Act in respect of a prisoner who is subject to an SEPP;
whether the Minister should release a prisoner subject to an SEPP unconditionally under section 50ZG(7)(a) of the Act.
Subregulation 3
The Commissioner must refer the prisoner’s case to a Release on Licence Review Board before —
the date on which the Minister or a designated officer-holder (as the case may be) is required to consider whether to release a prisoner on licence under section 50ZG(1) or (3) of the Act; or
the date on which the Minister is required to consider whether to release a prisoner on licence under section 50ZG(2) or (4) of the Act, or to release a prisoner unconditionally under section 50ZG(7)(a) of the Act.
Subregulation 4
The Release on Licence Review Board must make its recommendation on any matter referred to it by the Commissioner under paragraph (3) before the date mentioned in paragraph (3)(a) or (b), whichever is applicable.
Subregulation 5
A Release on Licence Review Board must consider any of the following matters, if such a matter is referred to it by the Commissioner, and must make a recommendation in relation to that matter for the decision of the Minister or a designated office-holder, as the case may be:
whether the Minister or a designated office-holder (as the case may be) should revoke a release order under section 50ZL(1) of the Act in respect of a prisoner subject to an SPP;
whether the Minister should revoke a release order under section 50ZL(1) of the Act in respect of a prisoner subject to an SEPP.
Subregulation 6
A Release on Licence Review Board must consider any of the following matters, if such a matter is referred to it by the Commissioner, and must make a recommendation in relation to the matter for the Commissioner’s decision:
whether the Commissioner should vary, cancel or add to any condition, or waive any of the conditions, imposed upon a prisoner subject to a release order, under section 50ZI(4) of the Act;
any other matter relating to the release of a person on licence under Part 5C of the Act.
Subregulation 7
In this regulation and regulation 89B, “designated office-holder” means an office-holder designated by the Minister under section 50ZG(9) of the Act.