Section 14Part 0 —
Release of life prisoners
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Notwithstanding any other Law to the contrary, when sentencing a prisoner to a term of imprisonment for life, the court shall specify the period of incarceration the prisoner shall serve before the prisoner is eligible to be considered for conditional release on licence, the period being such as the court considers appropriate to satisfy requirements of retribution, deterrence and rehabilitation, but for murder, the period shall be thirty years before the prisoner is eligible for conditional release unless there are —
extenuating circumstances, exceptional in nature, in which case the court may impose a lower period of incarceration; or
aggravating circumstances, exceptional in nature, in which case the court may impose a longer period of incarceration.
Notwithstanding subsection (1) and any other Law to the contrary, where any of the following circumstances are present —
the murder of two or more persons, where each murder involves any of the following —
a substantial degree of premeditation or planning;
the abduction of a victim; or
sexual or sadistic conduct;
the murder of a child where the murder also involves the abduction of the child or sexual or sadistic conduct;
a murder done for the purpose of advancing a political, religious, racial or ideological motivation; or
a murder by an offender previously convicted of murder,
In making a decision under subsection (1)(a) or (b) or (1A) the court shall state the extenuating circumstances or the aggravating circumstances, as the case may be.
The Board may, after considering the factors referred to in sections 9 and 10 and in accordance with the procedures set out therein, order conditional release on licence of a prisoner sentenced to a term of imprisonment for life after the prisoner has served the period of imprisonment specified by the court under subsection (1).
Conditional release on licence granted to a prisoner sentenced to a term of imprisonment for life shall remain in force for life, reviewable by the Board every twelve months with a view to assessing whether the conditions need to be varied.
Cross References
- Section 9 of Conditional Release Act
factors referred to in sections 9 and 10
- Section 10 of Conditional Release Act
factors referred to in sections 9 and 10
Referenced By
- Section 2 — Interpretation
licence means a licence referred to in section 12 or 14
- Section 7 — Minimum periods of incarceration
minimum period of incarceration imposed under section 14(1)
- Section 23 — Transitional provisions
powers contained in section 14