Sentence Administration Act 2003

This section applies if the Board, as constituted by the chairperson alone —

is satisfied that a prisoner subject to a Commissioner of Police report is not a prisoner with links to terrorism; or

after consulting with the Commissioner of Police, is satisfied that a Commissioner of Police report about a prisoner does not include terrorist intelligence information.

Before the Board makes a release decision or takes release action in respect of the prisoner, the Board, as constituted by the chairperson alone, must give the Commissioner of Police an opportunity to withdraw the report.

If the report is withdrawn under subsection (2), the Board —

must not have regard to the report for the purposes of making the release decision or taking the release action in respect of the prisoner; and

must prohibit the publication of, or a reference to, the report.