Cassell Warns Prison Remission Changes Could Weaken Incentive for Good Behaviour

by Tahna Weston

tahna.weston@antiguaobserver.com

Attorney Warren Cassell has warned that recently approved changes to Antigua and Barbuda’s prison remission process could weaken an important incentive for inmates to maintain good behaviour.

Cabinet approved an amendment to Rule 211 in August, changing the process through which prisoners may qualify for remission after serving two-thirds of their sentences.

Under the existing rule, a prisoner serving more than one month becomes eligible for unconditional release after completing two-thirds of the sentence, subject to any remission forfeited for bad behaviour.

Cassell said remission is intended to encourage good conduct while prisoners serve their sentences.

“Every prisoner sentenced to a term of imprisonment exceeding one month becomes eligible for unconditional release after completing two-thirds of the sentence,” he explained. “If you get three years, you normally spend two because that one-third is suspended to encourage good behaviour.”

He said prisoners found guilty of misconduct while incarcerated may lose some or all of that remission.

“There are some people who behave so badly that the entire sentence is served. This is really to encourage good behaviour,” Cassell said.

Under the amended rule, completing two-thirds of a sentence will no longer automatically result in unconditional release. Instead, a prisoner who meets the prescribed requirements may become eligible for consideration for remission.

The prison superintendent must recommend a prisoner considered suitable for remission to the Governor-General, who may then grant remission and authorise the prisoner’s discharge.

Cassell cautioned against changes that could remove the incentive for inmates to maintain good conduct.

“If that is removed and you have to serve your entire sentence, there is nothing to look forward to and nothing to compel you to be of good behaviour,” he said. “Sometimes we have to be careful that we are not too hasty. You have to look at the purpose.”

Cabinet said the Prison (Amendment) Rules, 2026 retain remission as an incentive for good conduct, industry and rehabilitation. The amended rule also stipulates that remission cannot result in a person serving fewer than 31 days in prison.

The changes form part of Cabinet’s wider review of sentencing, repeat offending, prison administration and the criminal justice system’s response to serious crime.

The Prison Rules are subsidiary legislation made under the Prison Act, and Cabinet was advised that the amendment does not require a sitting of Parliament.