Directions to the Parole Board under Section 239(6) of the Criminal Justice  Act 2003 - Issued December 2009

Recall of determinate sentence prisoners

These directions apply in respect of determinate sentence offenders recalled to prison under section 254 of the 2003 Act (as amended by the Criminal Justice and Immigration Act 2008).

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 an offender manager, 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 to:

• protect the public;
• prevent re-offending; and
• ensure the prisoners successful reintegration into the community

Parole Board review of continued detention following a decision taken by the Secretary of State to recall an offender

Where an offender breaches the conditions of the licence, the Secretary of State can revoke the licence pursuant to section 254(1) of the 2003 Act. A recalled offender will be subject to one of the following sets of provisions of the 2003 Act (as amended by the Criminal Justice and Immigration Act 2008):

• the automatic release provisions (fixed term recall) of section 255B;
• the release provisions (standard recall) of section 255C; or
• the release provisions (extended sentence prisoners) of section 255D.

The 2003 Act requires the Parole Board to review the continued detention of an offender recalled by the Secretary of State in those cases where:

• the offender is subject to the fixed term recall provisions, has exercised the right to make representations for re-release and has been referred to the Board in accordance with section 255B(4);
• the offender is subject to a standard recall and has been in custody for 28 days or has made representations for re-release and has been referred to the Board in accordance with section 255C(4);
• the offender is an extended sentence prisoner and has been referred to the Board in accordance with section 255D(1).

In reviewing the offenders continued detention, the Parole Board may:

• recommend the offenders immediate release on licence;
• fix a date for the offenders future release on licence, within a year of the Board's decision; or
• determine the reference by making no recommendation as to the offenders release.

The Board is required to take into account all 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.

In particular, the Parole Board should consider:

(a) Current assessments of risk prepared by prison and probation staff.
 
(b) Whether the risk management plan, prepared by the Probation Service is adequate to manage effectively any potential risk of serious harm or of imminent re-offending. 

(c) Whether, in light of the offenders previous response to supervision, the offender is likely to comply in future with the requirements of probation supervision for the duration of the licence period. 

(d) The availability of suitable accommodation, as well as the availability and timing of offending behaviour work or any other intervention, either in or out of custody.

(e) The date on which the outcome of any pending prosecution will be known.

(f) Whether the interests of public protection and the prisoners long term rehabilitation would be better served if the offender were re-released whilst subject to probation supervision.
 
(g) Any representations on behalf of the victim in respect of licence conditions.

Each individual case should be considered on its own merits, without any discrimination on any grounds.

The Parole Board for England and Wales

Grenadier House, 99-105 Horseferry Road, London, SW1P 2DX

Telephone 0845 251 2220