8. Reports to be provided to Board and prisoner

Where a Board is to provide its recommendation on whether a prisoner subject to an SEPP should be released on licence under section 50ZG(2) or (4) of the Act, the Board is to be provided with the following documents:

the report mentioned in section 304B(4)(a) of the Criminal Procedure Code 2010 prepared in respect of the prisoner, if any;

a report prepared by an appointed psychiatrist in respect of the prisoner, for the purpose of facilitating the Board’s review of whether the prisoner should be released on licence;

any other document that the Commissioner may from time to time determine as relevant to the Board to assist the Board in providing its recommendation.

Subject to paragraph (3), any document provided to the Board under paragraph (1) must also be provided to the prisoner.

Any document mentioned in paragraph (1) the disclosure of which may affect security or good order in prison or the safety of any person (whether in or outside of a prison) or which may otherwise not be in the public interest —

must not be provided to the prisoner under paragraph (2); or

may be provided to the prisoner in a summarised or redacted form.

The determination of whether a document ought to be withheld or provided in a summarised or redacted form under paragraph (3) may be made —

by the Commissioner or any person authorised by the Commissioner; or

by the Minister or any person authorised by the Minister.

Where a Board is to provide its recommendation on whether a prisoner subject to an SEPP should be released on licence under section 50ZG(2) or (4) of the Act, the Board is to be provided with the following documents:

the report mentioned in section 304B(4)(a) of the Criminal Procedure Code 2010 prepared in respect of the prisoner, if any;

a report prepared by an appointed psychiatrist in respect of the prisoner, for the purpose of facilitating the Board’s review of whether the prisoner should be released on licence;

any other document that the Commissioner may from time to time determine as relevant to the Board to assist the Board in providing its recommendation.

Subject to paragraph (3), any document provided to the Board under paragraph (1) must also be provided to the prisoner.

Any document mentioned in paragraph (1) the disclosure of which may affect security or good order in prison or the safety of any person (whether in or outside of a prison) or which may otherwise not be in the public interest —

must not be provided to the prisoner under paragraph (2); or

may be provided to the prisoner in a summarised or redacted form.

The determination of whether a document ought to be withheld or provided in a summarised or redacted form under paragraph (3) may be made —

by the Commissioner or any person authorised by the Commissioner; or

by the Minister or any person authorised by the Minister.