The Parole Board. Working with others to protect the public.
Policy and guidance
In 2005, the House of Lords delivered its judgement in the case of two determinate sentenced prisoners (Smith and West) who had been released on licence and subsequently recalled to prison during the licence term. The Lords were concerned that neither prisoner had been before an oral hearing to decide whether the recall decision had been appropriate and declared that the prisoners rights under article 5(4) of the European Convention on Human Rights had been breached. As a result, it has been the Parole Board's practice to grant an oral hearing to any prisoner who requested one following recall to custody.
It is now more than two years since the judgement of the House of Lords in Smith and West and it seemed an appropriate time internally to review the situation and determine how effectively the changes have been put into effect.
To date, the Board has tended to grant an oral hearing whenever a recalled prisoner has asked for one following an initial decision by the Board on the papers. However, it appears that in many cases, the hearing has not been used in order to challenge the recall decision at all and has turned out not to add anything to the information that had been before us on paper. In our view that was not what the House of Lords intended to happen.
We have taken legal advice and the Parole Board is now in a position to implement the judgement more strictly in accordance with their Lordships' comments. There will be no prejudice to those whose reasons for requesting an oral hearing are genuinely in line with the judgement and they will continue to receive one, time permitting.
With immediate effect, therefore, the Parole Board will require reasons from the prisoner when applying for an oral hearing. These will be considered on a case by case basis and an oral hearing will not be granted simply because the prisoner asks for one. Applications will be granted only where it appears to the Parole Board that a hearing is necessary and falls within the ambit of the House of Lords' ruling.
The Parole Board - February 2007
Grenadier House, 99-105 Horseferry Road, London, SW1P 2DX
Telephone 0845 251 2220