The Parole Board. Working with others to protect the public.
Policy and guidance
Where an offender is subject to a custodial sentence, the licence period is an integral part of the sentence, and compliance with licence conditions is required. In most cases the licences are combined with supervision by a probation officer, social worker or member of the Youth Offending Team (the exception to this is the use of Home Detention Curfew licences for adult prisoners serving a sentence of less than 12 months).
The objects of supervision are:
Review of a Decision Taken by the Secretary of State to Recall an Offender
Section 254 of the Criminal Justice Act 2003 requires the Parole Board to review any decision taken by the Secretary of State to recall an offender to prison. The review will take place once the offender has been returned to custody. In determining whether the recall was appropriate, the Parole Board is entitled to take into account the information available at the time the recall decision was taken, together with any subsequent information, including representations made by or on behalf of the offender. The Parole Board should consider whether:
a)The prisoners continued liberty presents an unacceptable risk of a further offence being committed; or
b)The prisoner has failed to comply with one or more of his or her licence conditions; and that failure suggests that the objectives of probation supervision have been undermined.
In cases where the Parole Board believes that the initial decision to recall was inappropriate, the prisoner should be re-released as soon as it is practicable to do so. In determining when to re-release the prisoner, the Parole Board should satisfy itself that the prisoner presents an acceptable risk to public safety and that adequate risk management arrangements are in place.
Where a prisoner has been charged for an offence committed whilst subject to Home Detention Curfew licence, the Board shall additionally take into account that it is desirable for such a prisoner to be recalled to custody, unless it is clearly apparent that the conduct that has led the prisoner to being charged does not merit recall.
The Board's decision to re-release
The Board has powers to:
The assumption is that the Parole Board will seek to re-release the prisoner or set a future re-release date in all cases where it is satisfied that the risk be safely managed in the community. In making this assessment, the Board should take into account that a risk of sexual or violent offending is more serious than a risk of other types of offending.
In determining whether to set a re-release or review date, the Parole Board shall consider:
(a) Whether the risk management plan, prepared by the Probation Service is adequate to address any potential risk of harm or reoffending presented by the prisoner during the licence period.
(b)The likelihood, of the offender complying with the requirements of probation supervision should he or she be re-released during the licence period. In assessing the likelihood of compliance, the Board should consider the conduct of the offender during the licence period to date and the extent to which previous enforcement has influenced such conduct.
(c)The availability of a suitable release plan, the availability and timing of any offending behaviour work either in custody or in the community.
(d)The date on which the outcome of any pending prosecution will be known.
(e)Whether in the interests of public protection the prisoners long term rehabilitation would be better served if the offender were re-released whilst subject to probation supervision.
The Parole Board shall take into account the fact that prisoners who have been sentenced under the provisions of the Criminal Justice Act 1991 cannot be disadvantaged by the recall provisions of the Criminal Justice Act 2003.
Each individual case shall be considered on its own merits, without any discrimination on any unlawful grounds.
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