7Governor may direct habitual criminal’s release

#### 7 Governor may direct habitual criminal’s release 7 Governor may direct habitual criminal’s release > > (1) If the Governor determines that an habitual criminal undergoing imprisonment or detention at the commencement of this Act, or detained in prison pursuant to a direction of a judge, justice or justices given under the provisions of section 8 of the Habitual Criminals Act 1905–1952 is sufficiently reformed, or for other good cause, the Governor may grant to the habitual criminal a written licence to be at large, for such period endorsed on the licence and subject to such conditions so endorsed as the Governor shall prescribe— > > > > Provided that where an habitual criminal is at such commencement serving a definite term of imprisonment, a written licence to be at large shall not be granted to the habitual criminal under this subsection until that term has expired or been otherwise vacated. > > > (2) > > > > > (a) The Governor may— > > > > > > > (i) if the Governor is satisfied that the conduct and attitude of an habitual criminal during the period of such habitual criminal’s imprisonment pursuant to a sentence imposed under the provisions of section 6 or 8 warrant such habitual criminal’s release on licence under the provisions of this subsection, grant to such habitual criminal, at any time after the expiration of two-thirds of such sentence, a written licence to be at large, > > > > > > > (ii) if for any other good cause the Governor determines that an habitual criminal sentenced under the provisions of section 6 or 8 should be released on licence under the provisions of this subsection, grant to such habitual criminal a written licence to be at large. > > > > > (b) Where in the exercise of the royal prerogative of mercy the Governor proposes to remit any sentence imposed on an habitual criminal under the provisions of section 6 or 8 the Governor may in lieu of remitting such sentence grant to such habitual criminal a written licence to be at large. > > > > > (c) Any written licence granted under this subsection shall be for such period endorsed on the licence and subject to such conditions so endorsed as the Governor may prescribe— > > > > > > Provided that such period shall not extend beyond the time when the term of imprisonment imposed on such habitual criminal under the said section 6 or 8 would, if the habitual criminal were not released on licence under the provisions of paragraph (a) or (b), expire by effluxion of time. > > > (3) Nothing in this section shall limit or in any way affect the powers vested in the Governor in the exercise of the royal prerogative of mercy. > > **s 7:** Am 1988 No 131, Sch 29.