|524||Title:||LONG-TERM PRISON SENTENCES REVIEW ORDINANCE||Gazette Number:||15 of 1999|
|Section:||12||Heading:||Duty of Board to review prisoners' sentences||Version Date:||01/07/1997|
Amendments retroactively made - see 15 of 1999 s. 3
(1) The Board must review the sentences of prisoners referred to it under section 11 or 28 or by the Chief Executive. However, the Board must not review the sentence of a prisoner in respect of whom an order under section 7 of the Prisoners (Release under Supervision) Ordinance (Cap 325) is in force. (Amended 15 of 1999 s. 3)
(2) On reviewing the sentence of a prisoner, the Board is not authorized to order the early release of a prisoner before any minimum term applicable to the prisoner has been served.
(3) When reviewing the sentence of a prisoner, the Board must take into account any report or other document provided in relation to the prisoner in accordance with section 11 or 14 and may take into account any other document concerning the prisoner that it considers relevant to the review.
(4) Whenever the Board proposes to review the sentence of a prisoner, the Board must notify the prisoner in writing of the date of the review.
(5) When a prisoner's sentence is reviewed by the Board, the prisoner is entitled to make written representations to the Board with respect to matters relevant to the review and may, if a regulation under this Ordinance so provides or with the consent of the Board, appear before the Board, either personally or through a representative of the prisoner's choice, to be heard and to make oral representations and adduce evidence to the Board with respect to those matters.
(6) When reviewing a sentence, the Board is not bound by the rules or practice as to evidence and may inform itself on any matter as it thinks appropriate.