OFFENDER ASSESSMENT BOARD REGULATIONS

SUBSIDIARY LEGISLATION 516.01

OFFENDER ASSESSMENT BOARD REGULATIONS

9th February, 2012

LEGAL NOTICE 64 of 2012.

The title of these regulations is the Offender Assessment

Board Regulations.

[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)

(1)

In these regulations, unless the context otherwise

requires

"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

"Un it" r efers t o th e u ni t responsible for the care and re-

integration of prisoners.

(1) Administrative assistance to the Board shall be

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

under the authority of any other body.

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

Cha irman of the Board to p repare t he agenda of t he 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

p a r o l e d o s s i e r, r e p o r t o r o t h e r d o c u m e n t s t o g i v e f u r t h e r

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

Board shall follow the procedures laid down in the Offender

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 shall

subscribe to the highest professional standards, including

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

im me dia t e ly r e m oved f ro m offi c e b y th e Mi nist e r, wi th out

prejudice to any other action applicable under any other law.

(1) Each member of the Board shall, on taking 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

sittings.

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

place designated as the offices of the Board.

OFFENDER ASSESSMENT BOARD