s.15Revocation of licence for breach of condition
15
Section 15Part 0 —

Revocation of licence for breach of condition

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If the Department of Community Rehabilitation has reasonable grounds to suspect that a prisoner released on licence has breached a condition of the licence, the Department may submit to the Board a report of the alleged breach.
On receipt of a report submitted in accordance with subsection (1), the Board shall review and determine whether the information presented in the report establishes a prima facie case that there has been a breach of a condition of the licence.
If on review of the information presented in the report under subsection (1), the Board is not satisfied that a prima facie case has been established, the conditional release on licence shall continue.
If after a review of the information presented in the report prepared pursuant to subsection (1) the Board is satisfied that a prima facie case has been established, the Board shall suspend the licence and cause the prisoner to be returned to prison.
The Secretary to the Conditional Release Board shall —
forward the suspended licence order to the Commissioner of Police; and
inform the prisoner of the licence conditions he is alleged to have breached.
A prisoner returned to prison under subsection (4) has the status of a prisoner on remand and his conditional release licence is automatically suspended.
On the return of a prisoner on a conditional release licence to prison under subsection (4), the Secretary to the Conditional Release Board shall —
provide the prisoner with all documentary evidence in relation to the allegations of breach of the licence conditions; and
inform the prisoner of his right —
to have an attorney-at-law or other representative act on his behalf;
to present evidence; and
make representations in his defence before the Board.
As soon as reasonably practicable but in any case within fourteen working days of the return to prison of a prisoner under subsection (4), the Board shall meet to hear and determine whether or not his licence should be revoked.
At the hearing referred to in subsection (8), the Board shall give the prisoner, his attorney-at-law or other representative an opportunity to make representations in his defence as to why the licence should not be revoked.
If the Board is satisfied that the evidence presented proves on a balance of probabilities that the prisoner has breached one or more of the conditions of the licence, the Board may within five working days —
revoke the licence; or
order the release of the prisoner subject to the variation of licence conditions, if necessary.
If a licence is revoked under this section, the prisoner —
has the status of a convicted prisoner and shall continue to serve the unexpired portion of his sentence but this does not preclude the prisoner from making a subsequent application for conditional release on licence —
after twelve months has elapsed from the date of revocation; or
where the sentence is twelve months or less, at such time as the Board may determine;
shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
If the Board is not satisfied that the evidence proves on a balance of probabilities that the prisoner is in breach of the conditions of the licence, the Board shall release the prisoner on licence and the licence shall continue until it has expired or unless it is subsequently revoked or suspended in accordance with this Law, unless some matters of concern arise, in which case the Board may exercise its powers under section 6(1)(b) and 12(2) to vary the terms of the licence.
If a prisoner who is on a conditional release licence leaves the jurisdiction in breach of a condition, he shall be subject to the process outlined in relation to suspension and revocation of the licence.

Cross References

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