S.L. 516.2 Art. 5Proceedings in cases of breaches of parole licence. Board. of a parole licence.

(1) In cases of a report for breaches of the parole licence, submitted in terms of article 16(1) of the Act, the Chairman or his representative shall issue a temporary recall. The temporary recall, which shall be executed by the Police, shall not exceed a period of seven working days.

(2) When deciding the case following a recall, the Board may either re-activate the Parole licence, or it may amend the Parole licence, or suspend the Parole licence.

(3) In cases of a breach of the parole licence, the Board shall only decide on matters of fact and not on matters of law.

(4) During the proceedings, the Parole Officer shall present the facts of the alleged breach but shall not assume the function of a prosecutor. The Parole Officer may, in fact, be summoned as a witness.

(5) If the parolee is found guilty of a breach of the parole licence and the Board’s decision is that the parolee be recalled to continue the part of his sentence for which he was granted parole, the Police shall be requested to effect such recall.

(6) The Board’s decision shall be communicated to the Director representative, shall be present during the proceedings in order to clarify any matter or take any action as recommended by the Board.

(2) If the Liaison Officer has signified his intention to speak on behalf of the victim, he shall be afforded the opportunity to do so before the Board during its evaluation.

(3) When evaluating an application, the case shall be considered on its own merits, and no reference to any other similar case shall be made either in defence of, or against, such application.

(4) When evaluating the application, due consideration shall be given by the Board to the assessments included in the dossier, any reports submitted by the Parole Officer, as well as the recommendation of the Offender Assessment Board.

(5) When granting parole, the Board may impose in the Parole Licence any conditions it may deem necessary. These conditions shall be explained in ordinary language to the parolee by Parole Clerk.

(6) The Board’s decision shall be final: However, in the case of a refusal by the Board to grant parole, the applicant shall be entitled to lodge another application after the lapse of six months from the Board’s decision.

(7) By not later than one week after the Board’s decision, the Parole Clerk shall forward a copy of the decision to the Director of Probation and Parole Services, the Director of Correctional Services, the applicant, the Liaison Officer, and the Police.

(8) When evaluating an application, the Board may consider the following criteria as positive factors:

(a) the fact that the applicant had immediately signified his intention to follow the care plan prepared by the Offender Assessment Board;

(b) the fact that the applicant wished to meet his victim and make good for any damages suffered;

(c) the existence of a reparation agreement and the actual implementation of the terms and conditions contained therein;

(d) the progress made in undergoing rehabilitative and re-integration programmes included in the applicant’s care plan;

(e) any additional rehabilitative and re-integration programmes, including any educational, vocational, religious or other activity carried out by the applicant during his incarceration, even though such programme or activity was not included in his care plan;

(a) shall convene a meeting as soon as possible but not later than two working days from receipt of the report;

(b) may summon the Parole Officer and any other witnesses to testify on the facts relevant to the breach;

(c) may summon the parolee to give evidence and hear his justifications, if any; and

(d) shall decide whether to amend, suspend or revoke the parole licence.

(2) Any decision by the Board shall be explained in ordinary language to the parolee by the Parole Clerk.