Application to Advisory Committee on the Prerogative of Mercy (pardon, respite, substitute sentence, or remission) – ACPM

The Advisory Committee on the Prerogative of Mercy (ACPM) is a body established under sections 39 and 40 of the Cayman Islands Constitution Order 2009. Its function is to advise H.E the Governor on whether or not to grant prisoners or other applicants mercy in the form of pardon, respite, a substitute sentence, or remission, which implies an extraordinary action in contrast to the more frequent or routine decisions about conditional release. Although the Governor is bound to consult the committee when making these decisions, the choice of whether to exercise these powers or not is at his/her sole discretion.

The composition of ACPM consists of The Governor as Chairperson, The Attorney General, The Chief Medical Officer, Two members appointed by the Governor, after consultation with the Premier and Two members appointed by the Governor, after consultation with the Leader of the Opposition.

It is important for the public and for those incarcerated in His Majesty's Prisons to understand how the ACPM relates to any other body dealing with conditional release from prison, given the power of the Governor under section 39 of the Constitution to “remit the whole or any part of any sentence”.

The essential function of this committee is to grant “mercy” which suggests an extraordinary action in contrast to the more frequent or routine decisions about conditional release.

The presence of the Chief Medical Officer infers that the decisions, on occasions, made about prisoners will depend heavily on their unusual medical condition and go well beyond routine decisions about conditional release.

Acting on the advice of the committee, the Governor may set aside a sentence imposed by the courts. The presence of the Attorney General implies that his is a very unusual action in relation to the two other branches of government and must be extraordinary rather than routine.

It is not a function of the Committee to:

• Erase or expunge a conviction
• Clear convictions to allow persons to obtain Visas/Waivers for travel
• Appeal or retrial of court cases
• Act as an Appeals body to the Parole Board
• Circumvent a decision made under the Immigration Law
• Set aside a deportation order or, allow a Prohibited Immigrant to return

Step 1 - Request for Pardon, Respite, Remission, or Substitution of Sentence

• Prisoner completes prescribed form (ACPM 1) and passes to the Director of Prisons.
•  Director to advise prisoner on alternatives where appropriate e.g. Conditional Release
•  Director of Prisons records dates and time of receipt and delivers original application along with a copy of the Prisoner’s Profile and commitment warrants to the Secretary of the ACPM within 5 working days.
•  Requests are recorded by the Secretary and a written response sent informing applicant of expected time-frame for review by the Committee.
•  The Secretary vets the applications and may request additional information from the relevant agencies as applicable.

Step 2 - Processing Applications and Collection of Information

• Secretary may request the following additional information where applicable.
• Department of Community Rehabilitation to provide a social background report and Victim report.
• Department of Counseling Services to provide a counselling report.
• RCIPS to provide CRO /Traffic and/or Intelligence reports.
• Prison to provide a psychological risk assessment and prison report including drug trend data.
• Judicial Department to provide court reports.
• WORC to provide details of immigration status, if applicant is a foreign national, including local Caymanian connections.
• Children and Family Services (CFS) to provide family background reports.

Step 3 - Pre-Vetting

• Secretary to compile summary of data for each application
• Documentation is circulated to the ACPM Member:- 5 days before the date of the meeting.

Step 4 - Review and Recommendation by ACPM

• Secretary to record recommendations of committee and provide a written response within 14 days of meeting.
• Secretary to inform relevant agency and victim of the decision in writing
• Secretary to prepare certificates for signature and present to applicant where applicable.     

Step 1 - Request for Pardon, Respite, Remission, or Substitution of Sentence

• Request for Pardons should be submitted to Secretary of the ACPM on the prescribed form (ACPM 2) and sent direct to the Secretary.

Step 2-Processing Applications and Collection of Information

• Secretary may request the following additional information where applicable-
• Department of Community Rehabilitation to provide a social background report and Victim report.
• Department of Counseling Services to provide a counselling report.
• RCIPS to provide CRO/Traffic and/or Intelligence reports.
• Prison to provide a psychological risk assessment and prison report including drug trend data.
• Judicial Department to provide court reports.
• WORC to provide details of immigration status, if applicant is a foreign national, including local Caymanian connections.
• Children and Family Services (CFS) to provide family background reports.

Step 3 - Pre-Vetting

• Secretary to compile summary of data for each application
• Documentation is circulated to the ACPM Members:- 5 days before the date of the meeting.

Step 4 - Review and Recommendation by ACPM

• Secretary to record recommendations of committee and provide a written response within 14 days of meeting.
• Secretary to inform relevant agency and victim of the decision in writing
• Secretary to prepare certificates for signature and present to applicant where applicable.