Directions to the Parole Board under Section 32(6) of the Criminal Justice Act 1991 Issued May 2004

Directions relating to the Release of Determinate Sentence Prisoners

In deciding whether or not to recommend release on license, the Parole Board shall consider primarily the risk to the public of a further offence being committed at a time when the prisoner would otherwise be in prison and whether any such risk is acceptable. This must be balanced against the benefit, both to the public and the offender, of early release back into the community under a degree of supervision which might help rehabilitation and so lessen the risk of re-offending in the future. The Board shall take into account that safeguarding the public may often outweigh the benefits to the offender of early release.

2. Before recommending release on parole licence, the Parole Board shall consider:

a) whether the safety of the public would be placed unacceptably at risk. In assessing such risk, the Board shall take into account;

(i) the nature and circumstances of the index offence including any information provided in relation to its impact on the victim of the victim's family;

(ii) the offender's background, including the nature, circumstances and pattern of any previous offending;

(iii) whether the prisoner has shown by his attitude and behaviour in custody that he is willing to address his offending behaviour by participating in programmes or activities designed to address his risk, and has made positive effort and progress in doing so;

(iv) behaviour during any temporary release or other outside activities;

(v) any risk to other persons, including the victim, their family and friends;

(vi) any medical, psychiatric or psychological considerations relevant to risk (particularly where there is a history of mental instability);

(vii) if available, the indication of predicted risk as determined by a validated actuarial risk predictor:

(viii) that a risk of violent or sexual offending is more serious than a risk of other types of offending;

(b) the content of the resettlement plan;

(c) whether the longer period of supervision that parole would provide is likely to reduce the risk of further offences being committed;

(d) whether the prisoner is likely to comply with the conditions of his licence and the requirements of supervision, taking into account occasions where he has breached trust in the past;

(e) the suitability of home circumstances;

(f) the relationship with the supervising probation officer:

(g) the attitude of the local community in cases where it may have a detrimental affect upon compliance; and

(h) representations on behalf of the victim in respect of licence conditions.

3. Each individual case shall be considered on its merits, without discrimination on any grounds.

The Parole Board for England and Wales

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

Telephone 0845 251 2220