Court of Appeal confirms Tackling’s approach to early conditional Release

GREAT BAY--According to a press release from the Ministry of Justice, the Joint Court of Justice has upheld the approach taken by Minister of Justice Nathalie Tackling in handling requests for early conditional release. In a ruling on September 25, 2025 (HAR-85/2025), a three-judge panel dismissed an inmate’s appeal, affirming that early release is not an individual right but an exceptional measure permitted only under specific conditions.

The Court confirmed that the Minister applies the law without arbitrariness, using objective criteria. Priority is given to inmates closest to their scheduled VI date, and the Court clarified that early release cannot be claimed at fixed percentages of a sentence, such as 44% or 60%.

Under Article 1:31 of the Criminal Code, inmates may be considered for conditional release after serving two-thirds of their sentence. In exceptional cases, including prison overcrowding, the threshold may be adjusted under Article 1:37, but only within the legal framework. Each request requires written advice from the Central Probation Board (CCR) and input from both the Prison Director and the Probation Office (J&IS).

The Court also addressed the issue of electronic monitoring (EM), noting that while it can be used as a special condition under Article 1:32 of the Penal Code, it is not a replacement for prison time. Its use requires risk assessments and is limited to specific circumstances.

Minister Tackling said the ruling provides clarity:

“It is reassuring to see that the judiciary, as an independent third party, validates that the policy on early conditional release is applied carefully and equally to all inmates. The ruling underscores that the decisions we take are in line with the law, the intent of the legislature, and without regard to personal status.”

The minsitry said that the Court’s decision confirms that early conditional release remains a regulated measure, available only within defined limits, to ensure fairness, legal certainty, and consistency in the justice system.

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