2.
body-no parole prisoner has given satisfactory cooperation" the board must make a no cooperation declaration about the prisoner. The declaration may be made when a prisoner applies for parole or when the board otherwise decides to consider whether to make the declaration.[1]
5 Section 175C defines a "no body-no parole prisoner" as follows:
"A prisoner is a no body-no parole prisoner if—
(a) the prisoner is serving a period of imprisonment for a homicide offence; and
(b) either—
- (i) the body or remains of the victim of the offence have not been located; or
- (ii) because of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located."
6 For the purposes of deciding whether a prisoner has given satisfactory cooperation, the parole board must have regard to: a report about the prisoner's cooperation prepared by the commissioner of the police service; any information about the prisoner's capacity to give satisfactory cooperation; any relevant remarks made by the sentencing court; and, if the prisoner requests, the transcript of the proceeding for the homicide offence.[2] The material to which the parole board has regard might include any written submission given by the prisoner at the invitation of the board.[3] A commissioner's report must contain a statement as to whether the prisoner has given any cooperation in relation to the homicide offence for which