Section 4Part 0 —
Establishment and procedure of Board
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There is hereby established the Conditional Release Board.
Subject to the other provisions of this section, the Board shall consist of a minimum of five members and a maximum of nine members, none of whom shall be civil servants, appointed by the Governor comprising at least two of the following —
a retired judge other than a public servant;
a retired magistrate other than a public servant; or
an attorney-at-law other than a public servant, and such of the following as the Governor considers appropriate —
a person with experience in criminal justice;
a mental health professional;
a minister of religion; and
a person or persons other than a person referred to in paragraphs (a), (b), (c), (d), (e) or (f).
The Governor shall designate two of the persons referred to in paragraph (a), (b) or (c) as Chairperson and Vice Chairperson respectively.
At a meeting of the Board —
the Chairperson shall preside;
if the Chairperson is unable to attend, the Vice Chairperson shall preside; or
if the Chairperson and the Vice Chairperson are unable to attend, the members of the Board shall appoint a temporary Chairperson from among themselves and that member shall preside.
Decisions of the Board shall be based on the votes of members present and voting and, where the Board is equally divided on any matter, the person presiding shall have a casting vote in addition to his deliberative vote.
The members shall serve for a term of three years and are eligible for re-appointment.
If a vacancy occurs in the membership of the Board, the Governor may appoint a person to fill that vacancy and that person shall be from the same category of persons specified in subsection (2) as the member in relation to whom the vacancy occurs.
The Governor may, at the Governor's discretion, revoke the appointment of a member —
for inability to discharge the functions of his office (whether arising from infirmity of body or mind);
for misbehaviour; or
where that member has failed to attend three consecutive meetings of the Board.
At a meeting of the Board three members shall constitute a quorum.
Subject to the provisions of this Law, the members of the Board may regulate the conduct of the proceedings of the Board in such manner as they think fit and may constitute such committees as they consider necessary to enable them better perform their functions.
There shall be in the office of the Deputy Governor the office of Secretary to the Conditional Release Board who shall —
be in charge of the day-to-day administration of the affairs of the Board;
record the minutes of each meeting of the Board including particulars of the members in attendance and the decisions made by the Board; and
perform such other duties as may be determined under the Public Service Management Law (2018 Revision).
The Governor shall make his best efforts to ensure that he appoints persons who meet the requirements in subsection (2)(a), (b) and (c) but where he is not able to find suitable persons for any or all those positions, he may appoint for any or all those positions any other person who does not meet the legal aspect of those requirements.
Cross References
- Section of Public Service Management Law
Public Service Management Law (2018 Revision)
Referenced By
- Section 2 — Interpretation
Conditional Release Board established by section 4
- Section 2 — Interpretation
Secretary means the Secretary of the Conditional Release Board, referred to in section 4(1)