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[PIO] Court upholds decision of the Parole Board to revoke its previous favorable decision, due to violation of

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The decision of the Administrative Court to uphold the revocation of a previous decision of the Council for the Release of Prisoners on Parole, by which the Council allowed a prisoner to serve the remainder of his sentence outside prison, under specific, written and strict conditions, is considered very important by the Legal Service of the Republic. This is the first time that a Cypriot Court has considered and upheld such a decision.

In particular, the Court, accepting the submissions and arguments of the Attorney General of the Republic, found that the decision of the Parole Board to revoke its above-mentioned previous decision because the convict overstepped, through no fault of his own, condition of his release, resulting in his return to prison, was taken in accordance with the relevant principles of law and the Prison Act, and after the convict had been summoned, heard and given reasonable time to comply with the specific, written and strict condition of his release.

By way of illustration, the Court held that where the Parole Board decides to allow a convict to serve the remainder of his sentence outside prison on conditions, he must comply with them because the conditions imposed in each case are designed to protect the convict (who is now no longer incarcerated and living under a restricted liberty regime) and society from the risk of a possible increase in his level of dangerousness and recidivism.

On behalf of the Attorney General of the Republic, the case was handled by Mr. Thassos Hadjiloukas, Attorney of the Republic.

(ML)



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Views & opinions expressed are those of the author and/or PIO

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