Prisons Regulations · 2002 Revised Edition · Part 8A · Release of Prisoner Subject to Spp or Sepp
89B. Factors to be considered by Minister or designated office-holder in deciding whether to release prisoner on licence
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In determining whether to exercise his or her power under section 50ZG(1), (2), (3) or (4) of the Act to make a release order in respect of a prisoner who is subject to an SPP or SEPP, the Minister or designated office-holder (as the case may be) is to consider whether making such an order would be in the interests of the protection of the public.
In considering whether an order mentioned in paragraph (1) would be in the interests of the protection of the public, the Minister or designated office-holder (as the case may be) must consider the following factors:
the prisoner’s conduct in prison, including the prisoner’s progress and response to rehabilitation;
the prisoner’s post-release plans;
the prisoner’s risk of recidivism;
the results of any psychological or psychiatric assessment conducted in respect of the prisoner.
Subregulation 1
In determining whether to exercise his or her power under section 50ZG(1), (2), (3) or (4) of the Act to make a release order in respect of a prisoner who is subject to an SPP or SEPP, the Minister or designated office-holder (as the case may be) is to consider whether making such an order would be in the interests of the protection of the public.
Subregulation 2
In considering whether an order mentioned in paragraph (1) would be in the interests of the protection of the public, the Minister or designated office-holder (as the case may be) must consider the following factors:
the prisoner’s conduct in prison, including the prisoner’s progress and response to rehabilitation;
the prisoner’s post-release plans;
the prisoner’s risk of recidivism;
the results of any psychological or psychiatric assessment conducted in respect of the prisoner.