Revised Laws of Saint Lucia (2021)

1141.   Grant of parole

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    (1)   An inmate eligible for parole under section 1140 may make a written application to the Board for the grant of parole and may make such written representations in support of the grant to him or her of parole as he or she thinks fit.

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    (2)   Every application shall be forwarded to the Board by the Director of Correctional Services and shall state—

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      (a)     the full name and age of the applicant;

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      (b)     the nature of the offence of which the applicant was convicted and sentenced;

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      (c)     any other information on which the applicant relies in support of his or her application; and

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      (d)     such other information as may be prescribed.

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    (3)   The Director of Correctional Services shall furnish the Board with—

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      (a)     a case history of the applicant; and

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      (b)     a copy of a report by the correctional officer on the conduct of the applicant while in the correctional facility;

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      (c)     a copy of a report containing an opinion by a psychiatrist or psychologist or such other person as may be designated by the Minister, as to whether the applicant is, at the time of his or her application, fit to be released on parole.

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    (4)   The Board shall, for the purposes of this section—

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      (a)     if it thinks necessary, direct the appropriate Parole Committee to carry out investigations in relation to the application;

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      (b)     fix a time and place for the hearing of the applicant; and

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      (c)     send to members of the appropriate Parole Committee, not less than 7 days before the date of such hearing, written notice of the hearing together with copies of the case history of, and reports on the applicant.

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    (5)   Hearings by the Board shall be held in camera and the Board shall allow an applicant to appear before it, where it considers it necessary.

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    (6)   The Board shall, for the purpose of deciding whether or not to grant parole to an applicant, take into account the following—

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      (a)     the nature and circumstances of the offence for which the applicant was convicted and sentenced;

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      (b)     remarks, if any, made by the judge or magistrate at the time of sentencing;

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      (c)     the information contained in the reports mentioned in subsection (3); and

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      (d)     any report made by a Parole Committee.

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    (7)   The Board shall grant parole to an applicant if the Board is satisfied that—

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      (a)     he or she has derived maximum benefit from his or her imprisonment and he or she is, at the time of his or her application for parole, fit to be released from the correctional facility on parole;

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      (b)     the reform and rehabilitation of the applicant will be aided by parole; and

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      (c)     the grant of parole to the applicant will not, in the opinion of the Board, constitute a danger to society.

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    (8)   Where the Board decides to grant parole to an applicant, the Board shall, within 10 days of the date of such decision—

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      (a)     give written notice of the decision to the applicant and the Superintendent; and

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      (b)     make a parole order in respect of the applicant and send a copy of the parole order to the Superintendent.

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    (9)   In this section and in section 1143 “appropriate Parole Committee” means the Parole Committee appointed under section 1139 which, in the opinion of the Board, is likely to have the closest connection with the applicant if he or she is released on parole.