The Parole Board. Working with others to protect the public.
Policy and guidance
Until recently, where the Parole Board considered the case of a life sentence prisoner who had served his tariff, the practice was to issue a preliminary decision on paper that the prisoner could either accept as a final decision, or opt instead for an oral hearing. It sometimes emerged that the preliminary decision was in favour of release or transfer to open conditions. Where the prisoner accepted this as a final decision, it meant that transfers to open conditions, or even release could occur with no face to face contact with the prisoner, and no opportunity for questioning.
In addition, the Parole Board considers cases some three years before tariff expires, where the Secretary of State asks the Board for advice only, on a prisoner's suitability for transfer to open conditions. The Parole Board's practice has been to consider these cases on paper unless there were circumstances that required evidence at an oral hearing.
The enquiry by HM Inspector of Probation into the Anthony Rice case identified that one of the "key decision-making points" was the move from closed to open conditions. A change of policy has been effected as follows:
"Post tariff preliminary paper decisions that would otherwise recommend release or transfer to open conditions should be referred to an oral hearing. Pre-tariff paper decisions that would otherwise recommend transfer to open conditions should be referred to an oral hearing."
This will put further pressure on the parole Board at a time when the increase in oral hearings is having a major impact on available resources. However, the overriding principle is that of protecting the public. The Parole Board believes it is no longer feasible to take key decisions that could impact on the public without a full oral hearing where the prisoner can be questioned and any residual concerns addressed.
Consequently, the practice of holding a 'paper lifer' panel once a week to consider cases where the Secretary of State has asked for advice only, has been discontinued.
February 2007
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