Prisons (Amendment) Law, 2005 (Law 25 of 2005)

Short title. Amendment of section 31A the Prisons Law, 1975 – release on licence. Insertion of Schedule. Transitional.

Law 25 of 2005.

I Assent

George McCarthy Acting Governor. Date: 8th November, 2005

A LAW TO AMEND THE PRISONS LAW, 1975 TO CHANGE THE ELIGIBILITY REQUIREMENTS FOR RELEASE ON LICENCE; AND FOR INCIDENTAL AND CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands. This Law may be cited as the Prisons (Amendment) Law, 2005. Short title The Prisons Law, 1975 is amended in section 31A by repealing subsection (1) and substituting the following- Amendment of section 31A the Prisons Law, 1975 – release on licence “(1) In lieu of any remission that may be granted under section 29, the Governor, acting in his discretion and on such conditions as he may think necessary, may order the release on licence- (a) of a convicted prisoner serving a sentence for any offence specified in the Schedule at any time after he shall have served at least five-ninths of his sentence; (b) of a convicted prisoner serving a sentence for an offence not specified in the Schedule at any time after he shall have served at least one year’s imprisonment or one-third of his sentence, whichever shall be the greater; or of a convicted prisoner serving a sentence of life imprisonment or being detained during the Governor’s pleasure, at any time.”.

The Prisons Law, 1975 is amended by inserting the following Schedule- Insertion of Schedule “SCHEDULE Specified offences

Drug trafficking offences under the Misuse of Drugs Law (2000 Revision) Importing or exporting a controlled drug, etc contrary to section 3 of the Misuse of Drugs Law (2000 Revision) Offences under the Terrorism Law, 2003 for which the penalty is not life imprisonment Treason by the Law of England Instigating treason Concealment of treason Treasonable offences under section 49 of the Penal Code (1995 Revision) Sedition under section 58 (1) of the Penal Code (1995 Revision) Unlawful oath to commit capital offence Other unlawful oath to commit crime etc under section 62 of the Penal Code (1995 Revision) Rioting after proclamation Obstructing making of proclamation Rioters demolishing buildings Conspiracy to defeat justice and interference with witnesses Illegal rescue of a person (section 110 of the Penal Code (1995 Revision)) Aiding a prisoner to escape Rape Attempted rape Abduction for the purpose of marriage or carnal knowledge Indecent assault on female

Defilement of a girl under 12 Defilement of a girl under 16 Indecent assault on a man Child stealing Manslaughter Attempt to murder Accessory after the fact to murder Written threats to murder Infanticide Killing unborn child Conspiracy to murder Disabling etc., to facilitate an offence or to assist an offender Preventing escape from wreck Wounding or inflicting grievous bodily harm Attempting to injure by explosive substances Bomb hoax Maliciously administering poison Unlawful use and possession of firearms Exhibition of false light, mark or buoy Assault causing actual bodily harm Assault on person protecting wreck

Kidnapping and abduction Keeping in confinement a kidnapped person Wrongful confinement Theft Robbery Burglary Aggravated burglary Arson Attempt to commit arson Setting fire to crops, etc Attempt to set fire to crops, etc Casting away ships, etc Attempts to cast away ships, etc Killing or injuring animals Destroying or damaging property if value or destruction exceeds $1,000 Attempts to destroy property by explosives Threats to burn, etc Aggravated trespass.”. The provisions of this amending Law shall not affect any person serving a sentence of imprisonment at the date of its commencement. Transitional

Passed by the Legislative Assembly this 14th day of October, 2005

EDNA MOYLE

Speaker.

WENDY LAUER EBANKS

Clerk of the Legislative Assembly.