Offender Assessment Board Regulations, 2012

L.N. 64 of 2012

RESTORATIVE JUSTICE ACT

(CAP. 516)

Offender Assessment Board Regulations, 2012

IN exercise of the powers conferred by article 43 of the

Restorative Justice Act, the Minister for Justice, Dialogue and the

Family has made the following regulations:-

The title of these regulations is the Offender Assessment Citation.

Board Regulations, 2012.

[Regulation 8(1)]

OATH OF OFFICE OF OFFENDER ASSESSMENT BOARD MEMBERS

Form of oath to be taken by the Chairman and

members of the Parole Board

I ....................................................... having been appointed as Chairman/Member

of the Offender Assessment Board do swear/solemnly affirm that I will faithfully,

fully, impartially and to the best of my ability discharge the trust and perform the

duties devolved upon me by virtue of the said appointment.

So help me God.

(Signature of ................)

(Signature of Commissioner for Oaths)

RUBBER

STAMP

(date)

€0.36

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means the Restorative Justice Act;

"authorised experts" means those persons who have specifically

been requested by the Board to prepare a report;

"Board" means the Offender Assessment Board established

under the Act;

"conflict of interest" has the same meaning as is assigned to it in

article 2 of the Act;

"parole dossier" has the same meaning as is assigned to it in

article 7(2)(d) of the Act; and

"Unit" refers to the unit responsible for the care and re-

integration of prisoners.

(1) Administrative assistance to the Board shall be Secretary to the

Board.

provided by an officer within the Unit.

(2) During Board meetings, the officer referred to in sub-

regulation (1), or his delegate, shall act as Secretary to the Board.

(1) In carrying out its functions, the Board shall not be Board

proceedings.

under the authority of any other body.

(2) The officer responsible for the Unit shall liaise with the

Chairman of the Board to prepare the agenda of the Board meetings.

(3) Board meetings shall be convened by the Chairman at

regular intervals of not less than twice a month, or at any lesser

intervals, if so deemed necessary by the Chairman.

(4) The records of the Board’s proceedings shall be kept by an

officer of the Unit, and such records shall be signed by the Chairman

and the officer, and shall be kept at the Unit.

(5) The Board shall meet at a place which is designated for

this purpose by the Minister.

(6) In order to commence and continue a Board meeting, the

number of Board members present shall be at least fifty per cent plus

one of the total number of Board members.

(7) The officer responsible for the Unit shall ensure that the

parole dossier referred to the Board shall contain all the necessary

updated reports, which shall be accurate and complete. He shall also

be responsible to ensure that the parole dossier also contains an

abstract of the salient points relevant to the Board’s evaluation.

(8) During Board meetings, no other person may be present

unless invited by the Board.

(9) The Board shall evaluate all cases on the merit of the

parole dossier or other reports submitted by the Unit or any other

authorised expert.

(10) When evaluating the parole dossier, report or other

documents, the Board may summon the person who drew up such

parole dossier, report or other documents to give further information

or clarification.

(11) During the evaluation of any case under review, no

consideration shall be given to any other previous case or conviction,

or to any other information not relevant to the case under review.

(12) At no time during the Board proceedings shall the person

under review be summoned before the Board.

(13) The follow-up action needed in connection with any

decision taken or action requested by the Board shall be the

responsibility of the Unit.

Any member of the Board who deems to have a conflict of

interest in any matter being discussed by the Board shall

(a)

immediately draw the attention of the Chairman

stating his interest;

(b) withdraw from the meeting before the discussion on

the matter in relation to which he has declared an interest; and

(c)

in no way try to exert any influence on any other

member of the Board on the matter in relation to which he has

declared an interest.

In order to proceed with efficiency and effectiveness, the Manual of

Board shall follow the procedures laid down in the Offender procedures.

Assessment Board Manual of Procedures issued from time to time

under the authority of the Minister.

(1) In the conduct of their functions, Board members Conduct of

shall subscribe to the highest professional standards, including Board members.

adherence to the principles of

(a)

transparency;

(b)

accountability;

(c)

fairness;

(d)

equal treatment;

(e)

impartiality;

(e)

responsiveness and expediency;

(f)

respect for the rule of law; and,

(g)

respect for fundamental human rights.

(2) Any member of the Board who breaches any of the

standards listed in sub-regulation (1) shall, if proved, be immediately

removed from office by the Minister, without prejudice to any other

action applicable under any other law.

(1) Each member of the Board shall, on taking office, Oath of Office.

take the oath of office prescribed in the Schedule, which oath of

office shall be taken before a Commissioner for Oaths.

(2) The person assuming the function of Secretary to the

Board shall be bound by the Code of Ethics referred to in the First

Schedule to the Public Administration Act.

The Director of Correctional Services may attend all Board Attendance.

sittings.

The records of the Board shall be kept at all times in the Records.

place designated as the offices of the Board.