The Fiji Human Rights and Anti- Discrimination Commission has clarified that in absence of a Parole Board, serving prisoners can still have an early release through “sentence remission”.
Commission Chair Pravesh Sharma said the mechanism for ‘early release’ has been highlighted in two landmark judgments by Fiji’s highest court, the Supreme Court in 2023.
He said the Supreme Court’s clarification sets a correct formula in place to calculate the
“early release based on inmate’s right to receive a one-third remission” of their sentence.
He said while Section 49 of the Correction Services Act 2006 provides for the establishment of a Parole Board, one has never been set up.
“Under Section 27(2) of the 2006 Act, an inmate must be given a release date for the purposes of initial clarification. The release date must be calculated on the basis of a remission of one-third of any sentence of imprisonment exceeding one month.”
“Under Section 28(1), the entitlement in the period of remission is dependent on the good behavior of the inmate and may be forfeited (but later restored).”
Sharma said the practice of the Fiji Correction Services for some years has been to apply the entitlement to remission only to the sentence remaining to be served after the
non-parole period has been completed.
“This method of calculation was incorrect.”
“The Supreme Court has clarified the position relating to remission and early release of inmates in the cases of Kreimanis v State and Mohammed Ismail v The State, that all inmates have a right to receive a one-third remission of the sentence not taking into account the non-parole period.”
“If an inmate has been given a non-parole period, then the computation of the one third remission still applies but if the non-parole period exceeds two thirds of a prison sentence, then the inmate must serve until the end of the non-parole period but must be released immediately at the end of the non-parole period.”
“For example, if a person has been sentenced to 12 years’ imprisonment, then under Section 27 of the 2006 Act, that inmate would be entitled to a remission of 4 years, being one third of the full term of 12 years. In ordinary circumstances the inmate would be released for good behavior after serving 8 years.”
“However, if the inmate was given a sentence of 12 years with a non-parole period of 9 years, then that inmate must serve the compulsory 9 years and then must be released
at the end of the non-parole period of 9 years,” he added.
