THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
NEW ZEALAND
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
THE MANAGEMENT OF LIFE SENTENCE PRISONERS1: NEW ZEALAND
1. What are the regulations governing the use of a life sentence within your
country?
In what circumstances can a life sentence be given?
A life sentence results when an offender is found guilty of an offence that
carries the sentencing tariff of life imprisonment.
Preventive detention is an indeterminate, life-long sentence, imposed on
offenders judged to be of the highest-risk of re-offending, which means they
may never be released from jail if still considered a risk to the community.
For both life sentence and preventive detention, the prisoner can be released into
the community on parole and subject to life long parole conditions. They can be
recalled to prison if those conditions are breached or they are deemed a risk to
the community.
For what offences can a life sentence be given?
Life imprisonment is the mandatory sentence for both murder and treason, and
the maximum penalty (although rarely used) for a small number of other
offences.
Preventive detention is available for repeat sexual and violent offenders, and
can be imposed on any offender aged 18 at the time of the offence.
Does a life sentence actually mean for the remainder of life?
Prisoners who have been sentenced to life imprisonment or preventive detention
can be considered for parole. The minimum period of imprisonment for a life
sentence is generally 10 years and 5 years for preventive detention. However,
there are rare exceptions when a life sentence can constitute a far lower term of
imprisonment.
For example, a „mercy killing‟ of a terminally ill family member may result in a
charge of murder and a life sentence, but 10 years imprisonment could be
considered to be „manifestly unjust‟, and the prisoner may receive a much
reduced sentence.
Are life sentence prisoners held separately or treated differently from other
very long-term prisoners?
Prisoners are grouped together according to security classifications and not
according to the length of their sentence. Initially life sentence prisoners will be
1
For the purpose of this paper the term ‘Life Sentence’ will incorporate both non-determinate
sentences covered by New Zealand legislation; a life sentence and preventive detention.
2
classified as maximum security. However, this security classification usually
reduces over the course of the prisoner‟s sentence.
Is there a ‘Parole’ system that regulates the release of life sentence
prisoners? If yes, how does this operate?
The Parole Act 2002 allows an offender sentenced to a term of imprisonment of
more than two years to be considered by the New Zealand Parole Board (NZPB)
for release into the community under the supervision of a Probation Officer of
Corrections' Community Probation Service (CPS).
The Sentencing Act 2002 and Parole Act 2002 together establish the length of
time an offender sentenced to imprisonment must serve before he or she
becomes eligible for release on parole. The Sentencing Act includes provisions
for the Court to impose a specific non-parole period.
Obtaining release on parole is not automatic. Eligible offenders are considered
for parole at hearings by the NZPB.
If the NZPB is not satisfied that parole should be granted, it will decline to
release the offender on parole. The offender will then remain in custody until
eligible to be considered for parole again.
Offenders, once they are eligible, are generally considered for parole once a
year. However a postponement order may be made where the NZPB is satisfied
that, in the absence of a significant change in the offender's circumstances, the
offender will not be considered suitable for release at the time when they are
next due to be considered for parole.
Postponement orders can be made for up to three years for offenders sentenced
to life imprisonment or preventive detention, or for up to two years for
offenders serving other sentences.
In addition the NZPB considers the recall to prison of offenders granted parole,
who breach the conditions of their parole or pose an undue risk to the
community. Parole eligibility for offenders sentenced under the Sentencing Act
2002 is shown in the table below.
Sentence Parole eligibility Release
Preventive Detention Eligible for parole after serving a Release date and conditions
minimum period of imprisonment set set by New Zealand Parole
by the court (minimum term is five Board
years)
Life imprisonment Normally eligible for parole after Release date and conditions
serving a minimum period of set by New Zealand Parole
imprisonment set by the court Board
(minimum term is ten years)
Who sits on the Parole Authority?
3
The NZPB is an independent statutory body created under the Parole Act 2002.
The Board has around 20 members - including judges and people appointed
from the community. They are appointed by the Governor-General on the
recommendation of the Attorney-General. The chairperson of the NZPB must
be a current or former High/District Court judge, and panel convenors are
current or former District Court judges. The members consider cases in panels
of three or more.
At what stage can a life sentence prisoner be released and under what form
of supervision, if any?
An offender released on parole from a sentence of preventive detention or life
imprisonment is subject to standard parole conditions for the rest of his or her
life (unless discharged by the NZPB).
The NZPB may also set special conditions that are intended to:
reduce the risk of re-offending by the offender;
facilitate or promote the rehabilitation and reintegration of the offender; or
provide for the reasonable concerns of victims of the offender.
The NZPB may only impose special conditions that are designed to reduce the
risk of re-offending. For example, it is usual for offenders convicted of child
sex offences and who are being released into the community to be restricted
from having access to children without the approval of the Probation Officer.
2. (Approximately) how many people, sentenced to life imprisonment, entered
your prison system each year over the past decade?
The number of life sentence and preventive detention prisoners entering the prison
systems has remained relatively static over the last decade at around 40 people a year.
The following table shows the totals of life sentence and preventive detention
offenders entering the New Zealand prison system during the last ten years.
(Statistics for the calendar years 1995-2004 are shown below)
Year „95 „96 „97 „98 „99 „00 „01 „02 „03 „04
Life 21 28 39 25 27 26 21 27 17 25
Preventive 13 14 15 8 18 14 9 10 14 28
Detention
Total 34 42 54 33 45 40 30 37 31 53
In the current year until April 2005 there have been 5 people sentenced to life
imprisonment and 3 sentenced to prevention detention.
Of note is the reform of preventive detention under the Sentencing Act 2002 that has
resulted in a dramatic increase in its use. Since the Sentencing Act came into force in
July 2002, 56 offenders were sentenced to preventive detention, compared with 58 in
4
the previous five years. The Act significantly broadened the ability of judges to
impose preventive detention.
3. Is there a maximum determinate (i.e. fixed) prison sentence in your
jurisdiction? If yes, what is the length of this sentence and what are the numbers
of prisoners receiving such a sentence?
There is no „maximum‟ determinate prison sentence in New Zealand‟s jurisdiction.
Every criminal offence carries its own maximum sentence. While there is no upper
limit on non-parole periods for life sentences or preventive detention, there is no finite
maximum sentence greater than 20 years (which can be imposed for the crime of
rape).
4. What is the total life sentence prisoner population in your jurisdiction?
The total life sentence and preventive detention population, using 2003 prison census
data, is 468 prisoners, equating to 9.2% of the 5,087 total sentenced prisoner
population.
Information from the 2003 census is below.
Custodial period Female Male Total
imposed Number Percent Number Percent Number Percent
Preventive
- - 143 3.0% 143 2.8%
Detention
Life 18 6.9% 299 6.2% 317 6.2%
Life & Preventive
- - 8 0.2% 8 0.2%
Detention
As at 4 April 2005 there are 351 life and 198 preventive detention prisoners in the
prison system, a total of 549 prisoners, representing 9.8% of the 5,599 total sentenced
prison population.
5. How many of your total life sentence population fall into the following
categories?
As at 4 April the breakdown of time spent imprisoned for life sentence and preventive
detention is as below:
Life Sentence Preventive detention Total
Served 10+ yr 90 52 142
Served 6-10 yr 166 82 248
Served 5 yr or less 95 64 159
5
6. Are life sentence prisoners housed together or is there a dispersal policy?
Life sentence and preventive detention prisoners are housed as part of the general
prison population. Where they will be housed is dependent on their security
classification and their identified criminogenic needs. For example sex offenders
maybe placed in special treatment units for part of their sentence and murderers may
be placed in the violence prevention unit. There is no official dispersal policy.
However, if a life sentence or preventive detention prisoner wishes to avoid the
mainstream prison environment (for example, they may fear for their safety) they can,
as can any prisoner, apply for Voluntary Segregation. Given the nature of the
offences committed by this group of prisoners this may eventuate in a concentration
of life sentence and preventive detention offenders in particular units.
7. Are there special arrangements for life sentence prisoners at any point in
their sentence (induction, regime etc)?
There are no special arrangements for life sentence/preventive detention prisoners.
However, at induction each prisoner is assessed for being at risk of suicide or self-
harm (At Risk) using the New Arrival Risk Assessment form.
In addition each prisoner is reassessed for their at risk status at critical points during
their time in custody or as their status, situation or location changes.
For example:
when isolated or segregated
when overt changes in attitude to "self" and situation occur
when overt changes in relationships with others occur
on advice from external information (family bereavement or family changes).
This is especially pertinent for life sentence/preventive detention prisoners who may
be considered at risk of self harm after sentencing, due to the lengthy and
indeterminate nature of these sentences.
If the prisoner is deemed at risk, the Unit Manager / On Call Manager or their
delegate completes a management plan including an observation regime.
8. Is there a special provision to monitor their mental well-being?
Mental health care provided to New Zealand prisoners, irrespective of whether they
are serving life/preventive detention, must be reasonably equivalent to the standards
of care available to other members of the community. All institutions have service
protocols and a procedures document with the Regional Forensic Psychiatric Services.
On reception prisoners are assessed and their at risk status is identified and each
prisoner is reassessed for their at risk status at critical points during their time in
custody. At risk prisoners, where required, are referred to secondary services by
prison Health Services for Forensic Mental Health management and support.
6
A prison Medical Officer must take all practicable steps to maintain the physical and
mental health of prisoners to a satisfactory standard and may make recommendations
to any staff member in respect of the health needs of a prisoner.
If the Medical Officer has reason to believe the mental health of a prisoner has been
or is likely to be injuriously affected by continued detention or by any conditions of
detention, the Medical Officer must promptly notify the Superintendent in writing,
with any recommendations the Medical Officer thinks fit.
9. What age is the oldest life sentence prisoner in your jurisdiction?
The oldest life sentence/preventive detention prisoner in the New Zealand prison
system, as of June 2004, is 72 years old.
10. What percentage of your life sentence population is aged 65 and over?
As of June 2004, six life sentence/preventive detention prisoners were over 65. This
represents approximately 1% of the life sentence/preventive detention population.
11. Do you use special staff to take care of very old prisoners or is this part of
the work of normal staff (e.g. looking after their toilet requirements, changing
nappies etc.)
Corrections do not have special staff to care for elderly prisoners.
However, Corrections does operate Special Needs Units which are provided for
prisoners that require additional support for activities of daily living that cannot be
safely provided in mainstream prison units. Such prisoners include elderly prisoners
who are vulnerable and require extra care due to their age and associated medical
conditions.
Prisoners may be retained short or long term in Special Needs Units or may be
transferred to secure hospital facilities outside of the prison if necessary.
7
The Special Needs Units also provide for prisoners who may have the following
disabilities and/or conditions:
Physical disabilities, e.g. blindness, deafness etc
Intellectual disabilities
Complex medical conditions, e.g. terminal illnesses.
12. What arrangements, if any, are available to transfer elderly life sentence
prisoners to, for example, hospital, and mental health facility if their
age/condition merits it?
If the Superintendent has reasonable grounds to believe that a prisoner, regardless of
whether they are serving a life sentence/preventive detention, may be ill or mentally
disordered, he or she may apply for an assessment of the prisoner.
When a prisoner is examined in prison or in hospital and a medical practitioner
believes that there are reasonable grounds for believing the patient is ill or mentally
disordered, the medical practitioner can direct that the prisoner be admitted to and
detained in a specified hospital for the purposes of assessment and treatment. If, for
example, a prisoner has severe dementia they may be placed in an appropriate rest
home setting.
Prisoners assessed as requiring compulsory treatment under the Mental Health
(Compulsory Assessment and Treatment) Act 1992 will be moved to a secure forensic
mental health bed outside the prison.
13. Has anyone sentenced to life imprisonment died (a natural death) in one of
your prisons?
Only one case of a life sentenced inmate dying a natural death in prison has been
identified. The prisoner died in 1991 aged 85.
In New Zealand prisons it is likely that a life sentenced/preventive detention offender
would be granted early release on compassionate grounds before death occurred due
to health issues.
Superintendents must assess offenders who are deemed to be seriously ill, and
unlikely to recover, for their suitability for early release on compassionate grounds.
Such an assessment must specifically take account of:
The offender‟s security classification
The offender‟s medical condition
The welfare of the offender and their family
The views of the medical officer and any specialist treating the offender
The possibility of a temporary release from custody as an alternative to early
release on compassionate grounds, if applicable
Risk assessment.
8
A report is then produced and referred to the NZPB with supporting documents. The
NZPB, not Corrections, must make the decision to release or not release the prisoner
on compassionate grounds.
14. Are there grounds for pardon in your jurisdiction and, if so, what are they?
Yes. It is called the Royal prerogative of mercy.
The Royal prerogative of mercy is a constitutional safeguard in New Zealand‟s
criminal justice system. It provides a special avenue for convicted persons to seek a
review of their case where an injustice may have occurred. In New Zealand, the
Governor-General, acting as the representative of the Queen of New Zealand,
exercises the Royal prerogative of mercy. The prerogative can be exercised where a
person claims to have been wrongly convicted or wrongly sentenced.
The Governor-General acts on the advice of the Minister of Justice. The Governor-
General has power to grant a pardon, to refer a person‟s case back to the court under
section 406 of the Crimes Act 1961, or to reduce a person‟s sentence.
Where it appears that a miscarriage of justice may have occurred, it is more likely for
a case to be referred back to the courts than for a pardon to be granted. The granting
of a pardon is extremely rare and is usually considered only where there is compelling
evidence that a person could not properly have been convicted.
15. Has your Service the ability under your law to ask for pardon?
Under New Zealand legislation Corrections does not have the power to seek a pardon.
An application for a Royal prerogative of mercy can be made by a convicted person
or by someone on the convicted person's behalf, for example a lawyer. A lawyer can
advise on the merits of making an application and help collect relevant information
and make the arguments that the application will be based on
9
.
THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
THE NETHERLANDS
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
10
THE MANAGEMENT OF LIFE SENTENCE PRISONERS: THE
NETHERLANDS
1. Which regulations govern the use of life sentences within your country?
(Please indicate the following: In which circumstances can a life sentence be
given? For which offences can a life sentence be given? Does a life sentence
actually mean ‘for the remainder of a prisoner’s life’? Are life sentence
prisoners held separately or treated differently from other long-term
prisoners? Is there a ‘Parole’ system that regulates the release of Life
Sentence prisoners? If yes, how does this operate? Who sits on the Parole
Authority? At which stage can a life sentence prisoner be released and under
which form of supervision, if any?)
In the Netherlands, prisoners can be given a life sentence or a temporary prison
sentence. Prisoners serve temporary prison sentences for a minimum of one day
and a maximum of fifteen consecutive years. These sentences can be imposed for
up to twenty consecutive years in cases where the Court is able to choose between
a life sentence and a temporary prison sentence for the crime in question.
(See Article 10 of the Criminal Code [Wetboek van Strafrecht])
An individual that is irrevocably sentenced to life imprisonment may only be
released if a pardon is granted. A pardon may be granted in two situations. Firstly,
on the grounds of circumstances with which the Court took insufficient or no
account, or with which it was unable to take (sufficient) account, at the time of its
decision, and that could have given rise to the imposition of a different sentence or
measure, or to the decision not to impose any sentence or measure. Secondly,
where it has been shown that enforcement of the judicial decision, or the
continuation thereof, cannot reasonably serve any purpose to be achieved through
the application of criminal law.
(See Section 2 of the Pardons Act [Gratiewet])
2. (Approximately) how many people sentenced to life imprisonment have
entered your prison system each year over the past decade?
In the last ten years, 12 detainees have been irrevocably sentenced to life
imprisonment.
3. Is there a maximum determinate (i.e. fixed) prison sentence in your
jurisdiction? If yes, how long is this sentence and how many prisoners are
receiving this type of sentence?
See answer to question 1.
4. What is the total life sentence prisoner population in your jurisdiction?
In total, there are 16 prisoners that have been sentenced to irrevocable lifelong
11
imprisonment. There are also another 12 prisoners who were sentenced in the first
instance to lifelong imprisonment, but who appealed against their sentences and,
as such, have not yet been sentenced irrevocably.
5. How many of your total life sentence population fall into the following
categories?
served 20 years or more 2
served 16-20 years 1
served 10-15 years 4
served 6-10 6
served 5 years or less 3
6. Are life sentence prisoners housed together or is there a dispersal policy?
Life sentence prisoners are not held together at one location, but are dispersed
across prisons in the Netherlands. Placement always occurs on the basis of
individual assessment. When deciding where to place life sentence prisoners,
account is always taken of the circumstances of the prisoner in question. Points for
attention include the level of security and regime required (depending on the
behaviour of the prisoner in question and any risk of escape) and the prisoner‟s
home (in connection with visiting possibilities). Where necessary, life sentence
prisoners may regularly be transferred to different prisons.
7. Are special arrangements made for life sentence prisoners at any point in
their sentence (induction, regime, etc.)?
See the answer to question 6.
8. Are any special provisions in place to monitor their mental well being?
No.
9. How old is the oldest life sentence prisoner in your jurisdiction?
66.
10. Which percentage of your life sentence population is aged 65 and older?
Of the 16 prisoners with a life sentence, 1 prisoner is older than 65.
11. Do you use special staff to take care of very old prisoners, or is this work
carried out by normal staff (e.g. arranging their toilet requirements,
changing incontinence pants, etc.)
Normal prison staff (prison warders and officers, medical service, etc.) are
sufficiently equipped to provide care to older prisoners.
12
12. What arrangements, if any, are available for the transfer of elderly life
sentence prisoners to hospital, mental health facilities, etc. if their
age/condition merits this?
If a prisoner‟s health, a limited development of his mental faculties or mental
disturbance rule out imprisonment in a penal institution, a prisoner may
(temporarily) be admitted to the prison hospital, a psychiatric hospital or another
suitable place. This applies for all prisoners, regardless of their age and residency
status and term.
(See Sections 15, 42 and 43 of the Prisons Act [Penitentiaire beginselenwet])
13. Has anyone sentenced to life imprisonment ever died (of natural causes) in
one of your prisons?
No.
14. Are there grounds for pardon in your jurisdiction and, if so, what are they?
See question 1.
15. Does your Service have the ability to seek pardons under the law of your
country?
No.
13
THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
SCOTLAND
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
14
THE MANAGEMENT OF LIFE SENTENCE PRISONERS: SCOTLAND
Question 1: What are the regulations governing the use of life sentences within
Scotland?
The life sentence is mandatory for a conviction of homicide.
A life sentence can also be imposed at the discretion of the High Court for serious
common law offences such as rape, culpable homicide. Certain statutory offences
eg under firearms and misuse of drugs legislation have a life sentence as the
maximum penalty.
The treatment of offenders sentenced to life imprisonment is set out in the
Prisoners and Criminal Proceedings (Scotland) Act 1993. On sentencing an
offender to life imprisonment whether for homicide or another offence, the court
must stipulate what part of that sentence will be spent in custody for the purposes
of satisfying retribution and deterrence requirements. This is known as the
punishment part.
Once the punishment part has been served, the Parole Board for Scotland will
consider the prisoner‟s suitability for release. Before directing release the Board
(sitting as a Tribunal) must be satisfied that the prisoner‟s level of risk is such that
it is no longer necessary for the protection of the public that they be kept in
custody. If the Tribunal is not satisfied that the prisoner is an acceptable risk, it
will not direct release. If this is the case, then the prisoner‟s suitability for release
must be considered no more than 2 years from the date of the last review.
If the Tribunal is satisfied that the prisoner‟s risk is acceptable, it will direct
release. On release, the prisoner will be subject to a life licence. The Board will
attach conditions, including appropriate supervision requirements, to the licence.
Failure to comply can lead to a return to custody and the review process begins
again.
The Parole Board for Scotland is a Tribunal Non-Executive Public Body. It works
at arm‟s length from the Scottish Ministers and is not accountable to them for its
decisions. The Board can, subject to the statutory provisions, consider the
suitability for release on licence of all offenders sentenced to a term of
imprisonment of 4 years or more.
Life Sentence Prisoners are not held separately from other very long term
prisoners. Non sex offence related adult males (the vast majority) will initially be
located in the National Induction Centre, HMP Shotts, designed to help prisoners
serving long sentences to come to terms with their situation and to engage
positively with prison staff prior to onward movement to mainstream prison
conditions. Sex offenders transfer to HMP Peterhead in preparation for offence
related work in a safe environment.
Question 2: How many people, sentenced to life imprisonment entered the
Scottish Prison System each year over the past decade?
15
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004(prov)
37 37 61 48 52 57 65 62 81 99 95
Question 3: Is there a maximum determinate prison sentence in Scotland?
The court in which the case is tried determines the maximum term of
imprisonment that can be imposed: district court, sheriff court (summary or
solemn) or High Court. The High Court deals with the most serious cases and
always homicide and rape cases. It may impose a life sentence and/or an unlimited
fine.
Subject to the sentencing limit of the court dealing with the case, there are a
number of maximum prison terms provided in statute.
Question 4: What is the total life-sentence prisoner population in Scotland?
At the time of measurement, there were 664 life sentence prisoners.
Question 5: How many of the total life sentence prisoner population fall into the
following categories?:
Served 20 years or more 11
Served 16-20 years 15
Served 10-15 years 124
Served 6-10 years 180
Served 5 years or less 334
Question 6: Are life sentence prisoners housed together or is there a dispersal
policy?
Life sentence prisoners are not housed together, but are dispersed through out the
long term prison estate, depending on their supervision level, home area and other
operational factors.
Question 7: Are there special arrangements for life sentence prisoners at any
point in their sentence? (induction/ regime etc)?
Life sentence prisoners are treated generally in the same manner as other very
long term prisoners. As mentioned previously, the National Induction Centre in
HMP Shotts will look to support adult males through the initial stages. Thereafter,
the emphasis moves to ensuring that the prisoner addresses identified risk factors
at the appropriate stage in sentence to best prepare him/ her for the Life Prisoner
Tribunal which takes place at the end of the designated “punishment part”.
Differently from other prisoners, Life sentence prisoners are expected to move
through a range of increasing freedoms to evidence that they are preparing
properly for release. These will include: Special Escorted Leaves, community
16
based work placements from prison (unescorted) and unescorted home leaves
from open prison.
Prior to a life sentence prisoner being granted his/ her first unescorted access to
the community, the Minister For Justice must give her approval.
Question 8: Is there special provision to monitor their well being?
There are no special arrangements over and above those in place for all prisoners,
with referral systems and an increasingly multi-disciplinary approach to mental
health within prisons.
Question 9: What age is the oldest life sentence prisoner in Scotland?
At the time of measurement, the oldest person was 73 years of age.
Question 10: What percentage of the Scottish life sentence population is aged 65
or over?
At the time of measurement, the percentage was 2.25%
Question 11: Does SPS use special staff to take care of very old prisoners or is
this part of the work of normal staff (eg looking after toilet requirements,
changing nappies etc)
Prisoner care is normally carried out by prison officers, except in situations where
this requires the skills of healthcare staff. If any prisoner had physical difficulties,
a Healthcare plan would be drawn up with responsibilities allocated. Assistance
with changing nappies etc would normally fall within the remit of nursing staff.
Question 12: What arrangements are available to transfer elderly life sentence
prisoners to, for example, hospital, mental health facility if their age/ condition
merits it.
Such decisions would be taken on the basis of medical advice. Transfers to
hospital would be arranged in cases where the facilities available in prison were
inadequate to deal with prevailing symptoms. This can be managed either with or
without a prison escort, assessed on the basis of the particular risk posed by the
prisoner. If the condition is unlikely to improve, Scottish Ministers, consulting
with the Parole Board for Scotland as necessary, have the power to grant release
on compassionate grounds.
Transfers to a Mental Health Facility are possible under the terms of the Mental
Health (Scotland) Act, on the recommendation of consultant psychiatrists.
Question 13: Has anyone sentenced to life imprisonment died a natural death in
a Scottish Prison
1999 2000 2001 2002 2003 2004 2005(ytd)
1 0 2 1 2 1 0
17
These are for a number of reasons.
Question 14/15: Are there grounds for pardon in Scotland, and if so what are
they?
The Royal Prerogative of Mercy (RPM) is an extraordinary instrument which is
used to pardon or remit punishment in exceptional cases in which the due process
of the law has produced a result that clearly involves an unjust conviction or
punishment for which that process has no remedy. It is exercised by the Queen on
the advice of Ministers.
There are no „rules‟ on the RPM in the sense of a series of guidelines. Each case
has to be looked at on its own merits, against a background of precedent and
convention as to the use of RPM.
The use of RPM has diminished as court based remedies have been extended.
The establishment by statute of the Scottish Criminal Cases Review Commission
(SCCRC) in 1999 has largely removed the need to exercise RPM. The SCCRC
has the responsibility and power for the review and referral to the High Court of
alleged miscarriages of justice, normally after all the due appeal processes of the
law have been exhausted.
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THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
SWEDEN
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
19
THE MANAGEMENT OF LIFE SENTENCE PRISONERS: SWEDEN
Topic 1. The Management of Life Sentence Prisoners
1. What are the regulations governing the use of a life sentence within your
country?
(Please indicate: In what circumstances can a life sentence be given? For what
offences can a life sentence be given? Does a life sentence actually mean for the
remainder of life? Are life sentence prisoners held separately or treated
differently from other very long-term prisoners? Is there a ‘Parole’ system that
regulates the release of Life Sentence prisoners? If yes, how does this operate?
Who sits of the Parole Authority? At what stage can a life sentence prisoner be
released and under what form of supervision, if any?)
Life sentence is to be found in the penal scale for 27 offences, of which 12 are crimes
that require that the state was in war when the crime was committed. The majority of
the crimes are very unusual as well as the 15 crimes in time of peace among which
some haven‟t occurred in courts in modern time.
Almost all lifers in Sweden have committed a crime of violence, e.g. murder or
attempted murder. There are only two inmates who are sentenced for acts of terror
such as devastation.
Lifers are lifers until the government has pardoned the person and decided on a time-
limited sentence. As a general rule nobody stays in prison throughout his life in
Sweden. The time limits are very individual and have in recent years varied from 18
to 25 years. More than 20 years is usual. There is a small number that have been in
prison for longer time. There is nothing that prevents the government from telling that
the length of the penalty for crime is more than 25 years. The offender is conditional
released after 2/3 of this time.
How the penalty is carried out is decided by National Swedish Prison and Probation
Administration (in the following KVS). So far we haven‟t treated life sentenced
prisoners differently from other prisoners sentenced for long terms. But the situation
at the moment is that there are so many life sentenced prisoners that the authorities at
some prisons have opened special units. This is because of the fact that we have to
begin to look for their activities in situations like this.
We don‟t have a special parole system or a particular board that regulates the release
of life sentence prisoners. The lifers apply for pardon and they can do that whenever
they want. But they generally apply for pardon when they have served 10-11 years in
prison.
The government decides about the length of the penalty after pardon when it is
considered that the value of the penalty is achieved and after a consideration of risks.
The application for pardon is being sent to the Ministry of Justice. The KVS gives
their opinion to the Ministry of Justice about how the execution has been carried out;
how the prisoner has been working and how the release situation looks like.
20
KVS carries out risk assessments on the prisoners who have committed a crime of
violence and try to evaluate if there is any risk for recidivism. If the risk assessments
says that there are risks for example misuse, the ministry suggests a treatment for that.
The prisoner should have a well arranged personal situation in order to have their
application for pardon approved.
The ministry also claim that the prisoner have stayed in open prison for a while, just
to know that they are able to cope with those conditions.
2. (Approximately) how many people, sentenced to life imprisonment, entered
your prison system each year over the past decade?
Approximately 10 people sentenced to life imprisonment entered our prison system
each year over the past decade.
3. Is there a maximum determinate (i.e. fixed) prison sentence in your
jurisdiction? If yes, what is the length of this sentence and what are the numbers
of prisoners receiving such a sentence?
Besides life sentence the maximum prison sentence in our jurisdiction is 18 years of
imprisonment
4. What is the total life sentence prisoner population in your jurisdiction?
The total number of lifers in our jurisdiction is 133 (2005-04-11).
5. How many of your total life sentence population fall into the following
categories?
Numbers of lifers
served 20 years or more 2
served 16-20 years ago 2
served 10-15 years ago 28
served 6-10 years ago 30
served 5 years or less 71
6. Are life sentence prisoners housed together or is there a dispersal policy?
Life sentenced prisoners are mostly housed together with the rest of the inmates in our
closed prisons. But we do have a special unit in the prison of Kumla only lifers.
.
7. Are there special arrangements for life sentence prisoners at any point in their
sentence (induction, regime etc)?
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KVS makes the decision about how the life sentence is carried out.
As a general rule the prisoners may be allowed to get a leave when they have served
prison for 5-6 years. KVS have the right to determine about the time for the leave and
other circumstances around the leave.
The lifer‟s sentence begins in a prison with a higher security and KVS decides if and
when the prisoner can be moved to and other institution.
If KVS consider it necessary they get facts to judge if this is suitable.
There are no special arrangements for life sentenced prisoners at this moment, but it is
in process.
8. Is there a special provision to monitor their mental well-being?
There are no special provisions to monitor their mental wellbeing, there is a public
medical service offered to everybody.
If KVS think its suitable there is used a risk assessment report to draw attention to
what risks are involved.
9. What age is the oldest life sentence prisoner in your jurisdiction?
The oldest life sentenced prisoner is 76 years old in our jurisdiction.
10. What percentage of your life sentence population is aged 65 and over?
4,5 percent of our life sentenced population is aged 65 and over.
11. Do you use special staff to take care for very old prisoners or is this part of
the work of normal staff (e.g. looking after their toilet requirements, changing
nappies etc.)
There is no special staff to take care of very old prisoners. This is part of the work the
normal staffs do.
12. What arrangements, if any, are available to transfer elderly life sentence
prisoners to, for example, hospital, mental health facility if their age/condition
merits it?
There are no special arrangements but there is a possibility that the question turns up
because we have a number of prisoners who are of old age, and we are not quite sure
how to handle the situation since we‟re not quite sure when they will be released.
13. Has anyone sentenced life imprisonment died (a natural death) in one of your
prisons?
No one who has been sentenced to life imprisonment has died a natural death in our
prisons.
14. Are their grounds for pardon in your jurisdiction and, if so, what are they?
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It is not possible to talk about any case law in the sense that pardon should be granted
under certain circumstances.
In each case the government make a decision by their own free judgement, whether or
not pardon should be given.
The grounds they refer to when they are applying for pardon are of different kind.
For the life sentenced prisoner it is an absolute requirement that the prisoner is
considered to be able to live a “law-abiding” life after the future release on probation.
15. Has your Service the ability under your law to ask for pardon?
Yes. We have the ability to ask for pardon at a department within the Ministry of
Justice.
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THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
IRELAND
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
24
THE MANAGEMENT OF LIFE SENTENCE PRISONERS: IRELAND
1.. What are the regulations governing the use of a life sentence within your
country?
(Please indicate: In what circumstances can a life sentence be given? For
what offences can a life sentence be given?
In almost all cases a life sentence is given for murder. However in recent years
a small number of cases have arisen where a life sentence was imposed for other
offences including rape and other sexual assaults, manslaughter and attempted
murder.
Does a life sentence actually mean for the remainder of life?
A life sentence in theory and in law means the remainder of life. There is no
tariff system in Ireland. However the Minister for Justice can release a life
sentence prisoner on license (i.e. a form of conditional temporary release) at any
stage of the sentence. The prisoner can be returned to custody if he/she breaks
down while on license and is still regarded as under sentence even when released
back into the community.
Are life sentence prisoners held separately or treated differently from other very
long-term prisoners?
Life sentence prisoners are not treated differently from other long term prisoners.
Where they are held will be assessed on a case by case basis.
Is there a „Parole‟ system that regulates the release of Life Sentence prisoners? If
yes, how does this operate? Who sits of the Parole Authority? At what stage can
a life sentence prisoner be released and under what form of supervision, if any?)
There is a Parole System in Ireland. An interim Parole Board was established
in April 2002. The function of the Board is to advise the Minister on the
administration of long term sentences. The Board itself does not have the power
of release. The 10 members of the Board are appointed by the Minister for
Justice and currently include representation from the Prison Service, Probation
Service, the Department of Justice, the Central Mental Hospital, a retired Prison
Governor and a number of community representatives.
The Interim Parole Board will review (i) cases of eligible prisoners sentenced to 8
years or more but less than 14 years once half of the sentence has been served and
(ii) cases of prisoners sentenced to 14 years or more or to a life sentence after 7
years has been served. Prisoners serving sentences for certain offences, such as
the murder of a member of the Garda (police) or the Prison Service in the course
of their duty, are exempted from the process.
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Theoretically a Minister could release a prisoner at any stage but the current
policy is that prisoners can expect to serve at least 15 years save in exceptional
circumstances. Supervision is under the Probation and Welfare Service.
2.. (Approximately) how many people, sentenced to life imprisonment, entered
your prison system each year over the past decade?
The average annual figure over the period is approximately 20
3..Is there a maximum determinate (i.e. fixed) prison sentence in your
jurisdiction? If yes, what is the length of this sentence and what are the numbers
of prisoners receiving such a sentence?
The maximum determinate sentence in Ireland is 40 years. This sentence
applies in capital murder cases. Originally death sentences were, on application
to the President, commutable (for many years such applications were invariably
successful) to 40 years imprisonment. With the abolition of the death penalty a
straight term of 40 years can be applied. There are currently 4 prisoners
serving 40 year terms.
4..What is the total life sentence prisoner population in your jurisdiction?
202 in Prison with a further 56 on Licence (Parole). This excludes persons
released under the Good Friday agreement
5..How many of your total life sentence population fall into the following
categories?
served 20 years or more 18
served 16-20 years ago 12
served 10-15 years ago 24
served 6-10 years ago 45
served 5 years or less 103
6..Are life sentence prisoners housed together or is there a dispersal policy?
Life Sentence prisoners are dispersed around the system depending on a number
of factors including security, proximity to family for visits and the progress they
have made towards rehabilitation. The facilities in which they are housed range
from the maximum security Portlaoise Prison for paramilitaries and other high
security prisoners to an open centre (Shelton Abbey) where 2 life sentence
prisoners with a long time served are currently located. There will be a higher
concentration in prisons that are not committal institutions and where the
facilities are considered to be suitable for longer term prisoners.
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7..Are there special arrangements for life sentence prisoners at any point in their
sentence (induction, regime etc)?
There is no specific protocol for life sentence prisoners as distinct from other
prisoners facing a substantial sentence. The regime will be the same as for other
prisoners in their institution. Clearly any interventions put in place for the
prisoner will be based on him/her being in custody for a long time rather than on
preparation for release. When the prisoner enters the parole board process after
7 years there will be more intensive consideration of the post release scenario.
8..Is there a special provision to monitor their mental well-being?
There are no provisions specifically geared towards life sentence prisoners as
distinct from the rest of the population. In common with other prisoners they will
receive as required intervention from psychiatric and psychological professionals.
9..What age is the oldest life sentence prisoner in your jurisdiction?
73 Years
10.What percentage of your life sentence population is aged 65 and over?
1.50%
11.Do you use special staff to take care for very old prisoners or is this part of the
work of normal staff (e.g. looking after their toilet requirements, changing
nappies etc.)
The numbers of such prisoners would be very low. However there are no
dedicated resources for this. All prisoners medical needs are assessed on an
individual basis.
12.What arrangements, if any, are available to transfer elderly life sentence
prisoners to, for example, hospital, mental health facility if their age/condition
merits it?
There are no specific provisions for the elderly. However, the Minister for
Justice can release any prisoner (temporary release) to hospital or other facility
for any length of time subject to the prisoner‟s compliance with any conditions
imposed.
13.Has anyone sentenced life imprisonment died (a natural death) in one of your
prisons?
Yes
14.Are their grounds for pardon in your jurisdiction and, if so, what are they?
There is legal provision for a prisoner to seek a pardon from the President (Head
of State). The basis of such application would have to be that a new or newly-
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discovered fact shows that a miscarriage of justice has occurred in relation to the
conviction.
15.Has your Service the ability under your law to ask for pardon?
There is no specific provision for a recommendation by the Prison Service.
However the legislation does not prevent the Minister for Justice from having a
matter referred to the Government and onwards to the President in circumstances
where the petitioner is someone other than the convicted person.
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THE MANAGEMENT OF LIFE SENTENCE PRISONERS:
CANADA
PAPER PREPARED FOR THE
INTERNATIONAL ROUNDTABLE FOR CORRECTIONAL EXCELLENCE
EDINBURGH, SCOTLAND
1-3 MAY 2005
THE MANAGEMENT OF LIFE SENTENCE PRISONERS: CANADA
1..What are the regulations governing the use of a life sentence within your
country?
a) For what offences or circumstances can a life sentence be given?
Most life sentences in Canada may be given for First Degree Murder,
High Treason, and Second Degree Murder with a previous murder
conviction. These offences have an eligibility for parole after 25 years
imprisonment. A life sentence may also be given for Second Degree
Murder (without a previous murder conviction), but with the eligibility
for parole after 10 years.
Also, the Canadian Criminal Code allows for a life sentence, with
normal eligibility for parole (one half of the sentence or 10 years,
whichever is less), for the convictions of certain other offences (e.g.
hijacking, kidnapping). The parole eligibilities are determined in each
case by the presiding judge. It should be noted that the recommended
29
parole eligibility time periods are lowered for offenders under the age of
18.
b) Does a life sentence actually mean for the remainder of life?
Yes, in Canada a life sentence is for the remainder of the offender‟s life.
However, the sentence is often divided between incarceration and
community supervision. The life sentence offender is given a specific
number of years to be served in prison before eligibility for parole, and
he/she may continue to apply for parole until granted by the National
Parole Board deems them no longer a risk to society. When life sentence
prisoners are released on parole, they are subject to supervision in the
community for the rest of their natural lives.
c) Are life sentence prisoners held separately or treated differently from other
very long-term prisoners?
Yes, life sentence prisoners convicted of murder are usually placed in a
maximum security institution for the first two years of their sentence,
after which their security level is reviewed and may be adjusted. Life
sentence prisoners are a part of the general population of any institution.
The institution may opt to group life sentence offenders in the same
housing units or living quarters for convenience or community purposes,
but it is not an operational imperative. As well, life sentence prisoners
have access to Life Line in-reach workers, unlike other long-term
prisoners (see question 7).
d) Is there a ‘Parole’ system that regulates the release of Life Sentence
prisoners? If yes, how does this operate?
Yes, the National Parole Board is an administrative tribunal independent
of the Correctional Service of Canada that has the exclusive authority to
grant, deny, cancel, terminate, or revoke parole. The National Parole
Board regulates the release of all federal prisoners in Canada, including
life sentence offenders.
e) Who sits on the Parole Authority?
Members of the National Parole Board are chosen from a list of qualified
applicants by the Minister of Public Safety and Emergency
Preparedness. Each candidate must meet the general occupational
criteria, have an understanding of the relevant Canadian legislation as
well as ethnic and gender issues affecting those involved with the justice
system, and have a background in law, journalism, criminology, law
enforcement, education, business or community service.
f) At what stage can a life sentence prisoner be released and under what
form of supervision, if any?
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An offender serving a life sentence may apply to the National Parole
Board for parole after the time specified by the judge presiding over their
case has elapsed (usually 10-25 years). Once released to the community,
the offender will be subject to community supervision for the rest of
their natural life.
2. (Approximately) how many people, sentenced to life imprisonment,
entered your prison system each year over the past decade?
1994-1995 = 311
1995-1996 = 264
1996-1997 = 315
1997-1998 = 250
1998-1999 = 222
1999-2000 = 243
2000-2001 = 247
2001-2002 = 241
2002-2003 = 219
2003-2004 = 218
2004-2005 = 231
3. Is there a maximum determinate (i.e. fixed) prison sentence in your
jurisdiction? If yes, what is the length of this sentence and what are the
numbers of prisoners receiving such a sentence?
The maximum determinate prison sentence in Canada is 14 years. Sentences
can be served consecutively, resulting in lengthier incarceration. The
maximum sentence is a life sentence, and it is an indeterminate sentence.
Please see question 2 for the number of prisoners receiving life sentences in
Canada.
4. What is the total life sentence prisoner population in your jurisdiction?
The total life sentence prisoner population in Canada is 4541 including prisoners
incarcerated and under supervision in the community (as of April 10).
5. How many of your total life sentence population fall into the following
categories?
Incarcerated prisoners who have never been released in the community.
Served 20 years or more = 262
Served 16-20 years = 309
Served 10-15 years = 541
Served 6-10 years = 788
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Served 5 years or less = 933
= 2833
6. Are life sentence prisoners housed together or is there a dispersal policy?
The Correctional Service of Canada operates under a dispersal policy.
Offenders are sent to penitentiaries in their home regions and placed in
institutions according to the security risk level determined during the Intake
Assessment period at the beginning of the offender‟s sentence (usually a
maximum security facility for life sentence offenders at the beginning of
their sentence). Each institution places their inmates according to available
beds and the policies and practices of the institution.
7. Are there special arrangements for life sentence prisoners at any point in
their sentence (induction, regime etc)?
Yes, offenders convicted of first or second degree murder [see question 1(a)]
are initially placed in a maximum security institution, with a security risk
review after two years. As well, life sentence prisoners have access to the
Life Line in-reach workers and the option for judicial review to reduce their
parole eligibility date (all offenders sentenced to 25 years of incarceration
before parole eligibility are given this option). Life Line was established
nationally in 1998 to provide information and support for lifers, and act as
an intermediary between the institution and the community. The in-reach
workers, comprised of former lifers who have been crime-free for at least
five years upon release, serve as motivators, mentors, and mediators for
incarcerated life sentence offenders.
8. Is there a special provision to monitor their mental well-being?
No, there are no special provisions to monitor the well-being of life sentence
prisoners other than the standard case management practices, the provision
of health care, and the services provided by Life Line (as described in
question 7)
9. What age is the oldest life sentence prisoner in your jurisdiction?
The oldest life sentence prisoner in Canada is 93 years old.
10. What percentage of your life sentence population is aged 65 and over?
8.6% of life sentence population is aged 65 and over.
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11. Do you use special staff to take care for very old prisoners or is this part of
the work of normal staff (e.g. looking after their toilet requirements,
changing nappies etc.)
No. Each institution is equipped with a medical unit and health care
professionals who oversee the general daily medical needs of all the
prisoners. Prisoners may be assisted by the correctional staff and other
inmates, but no special staff is provided outside of the standard medical unit
of the facility.
12. What arrangements, if any, are available to transfer elderly life sentence
prisoners to, for example, hospital, mental health facility if their
age/condition merits it?
Inmates have the same access to health care or mental health professionals
and facilities as do other Canadians. If an inmate cannot be transferred to
the community, they will be cared for in a hospital or facility run by the
Correctional Service of Canada or another government agency with the
appropriate security requirements. A program called the Reintegration
Effort for Long-term Infirm and Elderly Federal Offenders (RELIEF) was
started in one region in January, 1999. The program offers a facility for
long-term and life sentence elderly and infirm prisoners with specialized
care professionals, age-related programs, and community support for
recently released offenders in need of regular care.
13. Has anyone sentenced life imprisonment died (a natural death) in one of
your prisons?
Yes
14. Are their grounds for pardon in your jurisdiction and, if so, what are they?
Yes, any convicted offender may apply for a pardon in Canada. Depending
on the type of offence, offenders must wait three to five years after the
expiration of their sentence (unless it is a long-term supervision order or a
life sentence, in which case they may apply for a pardon at any time).
Applicants must provide proof of good conduct and must not have been
convicted for any offence under any Act of Parliament since the expiration
of their sentence. Each application is reviewed by the National Parole Board
on its own merits, and if refused, the applicant must wait one full year before
re-applying. There are two types of pardons in Canada: a Free Pardon is
granted when there is a formal recognition that a person was erroneously
convicted of an offence; and, a Conditional Pardon is the sealing of criminal
and parole records.
15. Has your Service the ability under your law to ask for pardon?
33
No, a pardon must be applied for by the individual after the completion of
either their sentence or of proceedings providing evidence that an offender‟s
conviction was in error. In the case of life sentence offenders, they may
apply for a pardon at any time.
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