If you’re someone who’s currently awaiting parole, or have a family member who is awaiting parole, then you may be confused or worried about talks of reform and changes to the system. How will it affect you? What does it mean? The following information plus expert advice from our team of prison law experts should help you know where you stand.
Dominic Raab, Justice Secretary to the UK, has earlier this year announced a reform package for the parole system. What he has described as a "Root and Branch" review focussed on the following areas:
- An evaluation of the parole reforms to date - looking at overall performance, the response to the pandemic, the effectiveness of the reconsideration mechanism and any rule changes that would further improve the process.
- The constitution and status of the Parole Board - considering whether the Board should remain a non-departmental public body or whether it should be visibly independent from the Ministry of Justice.
- Improving public understanding and confidence - looking at further steps that could be taken to explain and publicise decisions and how the assessments work, improving the message that the parole system protects the public.
- Openness and transparency - developing a way for victims to observe hearings in a safe way, considering the case for public hearings and looking at ways to build on work already done to improve openness and transparency.
The Parole Board carries out risk assessments on prisoners to determine whether it's safe for them to be released from custody. Their decisions solely focus on whether a prisoner would represent a significant risk to the public if released. In instances where they deem the prisoner to be too high-risk, parole is almost always denied.
Not all prisoners are eligible for consideration from the Parole Board, including:
- life sentences and sentences of imprisonment for public protection.
- extended determinate sentences.
- sentences for offenders of particular concern (terrorists and serious child sex offenders).
Parole Board hearings are held to evaluate an offender's risk and, therefore, whether they are suitable to be released into the community. The package of reforms, Dominic Raab says, puts the emphasis "firmly back on public protection" and is available to read here.
Recall
In cases involving re-release after a recall on licence, a similar public protection test is applied. These decisions take up a lot of the Parole Board's time, something that Dominic Raab is keen to address.The reforms consider how the process worked and where changes could be made. The report identified and looked at some of the key issues but concluded that further work was required to understand the best way to reform the processes. The report recommended that the Parole System Oversight Group (PSOG) shall examine the causes of delays and duplication and form some potential solutions.
Open conditions
For prisoners, open conditions is the allowance to be released on temporary licence. This is only allowed in Category D prisons. The Parole Board also considers whether life and IPP prisoners are suitable for a move to open conditions. The Government argues that any recommendations for a move to open conditions for particular prisoners should be subject to greater ministerial scrutiny. The prisoners are those convicted of murder, other homicide, rape, serious sexual offences, and cruelty against a child.
Rebecca Templeman, Head of Broudie Jackson Canter’s Crime & Prison Law department says:
“We are concerned that the proposals will weaken the independence of the parole board and open the door to decisions being influenced by political concerns rather than being evidence based. Indeed if you look at the evidence, less than 1% of prisoners released on parole go on to commit a further serious offence so it is unclear why such a significant change is required to a system that is already protecting the public. The increased ministerial involvement is a real concern. The parole board is purportedly a court, and ministers are increasingly trying to undermine the rule of law.
Furthermore, we are concerned about the delays that will be brought about by the additional scrutiny of the Secretary of State and extra bureaucracy this will undoubtedly bring to the review. Currently a Parole Board recommendation for Open Conditions can lead to an alarming delay before the Secretary of State makes a decision as to whether to accept the Parole Board recommendation. That coupled with a greater emphasis on a public protection test for release makes it more imperative than ever before that individuals going through the Parole process secure legal representation.”
How can we help?
If you or a family member require the advice of our prison law experts, please contact us on 0151 227 1429 or make an enquiry. You can also email us directly at enquiry@broudiejacksoncanter.co.uk, or write to us at:
Crime & Prison Law Department, Broudie Jackson Canter, 3rd Floor, Walker House, Exchange Flags, Liverpool, L2 3YL