How does the Board makes its decisions?

Decisions about indeterminate sentence cases may be taken on the papers; or by way of an oral hearing. Before a case is assigned to a panel it is considered by a single member who is authorised to make a preliminary decision based on the papers in the dossier.  The member may make a decision, or decide that an oral hearing is needed. If the member makes a decision, you will see it and you can ask for an oral hearing if you are not happy with it.

Many lifers who are at or past their tariff expiry appear in person before the Board.  Such oral hearings normally take place at the prison in which the lifer is held.  They will often be chaired by a judge or by a legally qualified member.  Where the circumstances of the case warrant it the panel will include a psychiatrist or psychologist.  The third member will be an independent, criminologist or probation member.

What are the tests that the Board will apply?

The test for release

The Board is empowered to direct the release of those life sentenced prisoners who have served the period of imprisonment necessary to satisfy the requirements of retribution and deterrence.  In order to direct release the Board must be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.  The test to be applied is whether the lifer presents a risk of committing serious offences.  There is a presumption that release will not be directed unless the evidence demonstrates to the Boards satisfaction that the level of risk is acceptable for release.  The Board should refuse to direct release unless it is satisfied that there does not exist a risk of serious violent or sexual offending (including arson) irrespective of the precise nature of the index offence.

The test for transfer to open conditions

If the Secretary of State asks it to, the Board is empowered to recommend that a lifer be transferred to open conditions.  In making such a recommendation the Board must take into account:

• The extent to which the lifer has made sufficient progress in addressing and reducing risk to a level consistent with protecting the public from harm, in circumstances where, in open conditions, the lifer would be in the community, unsupervised, under licensed temporary release
• The extent to which the lifer is likely to comply with the conditions of  any such form of temporary release
• The risk of abscond.

Risk must be weighed against the benefit to the lifer of being able to address areas of concern and of being tested in a more realistic environment than is provided by closed conditions.  However, the Boards consideration must emphasise risk reduction and the need for the lifer to have made significant progress in changing attitudes and tackling behavioural problems.

The Parole Boards policy on open conditions

The Home Secretary regards it as essential that most lifers spend a period in open conditions.  The purposes of a period in open conditions are:

• To allow areas of concern to be tested in conditions more closely resembling those to be found in the community
• To mitigate the effects of institutionalisation consequent on the lifer having spent a lengthy period in closed conditions
• To allow lifers the opportunity to take more responsibility for their actions
• To develop or advance the release plan

Core risk reduction work is not generally available in open conditions and is not expected to be undertaken there.  Rather, the purpose of open conditions is to test the efficacy of risk reduction work that has already been completed.

How do I get the decision?

Once the Parole Board has made its decision, you should get it in writing within a week or two. In the case of a review three years before tariff expiry, where the Secretary of State makes the decision, it may take a little longer. Also, if the Board does not release you but recommends your transfer to open conditions, you will get the Boards letter within a week or two but you will wait a little longer for the decision on transfer to open conditions.

Every decision is in a letter with full reasons given. If you do not get release (often called a knockback) you will want to read the reasons carefully to see if there is anything you want to challenge. You cannot get the decision changed just because you disagree with it, but in some cases the Parole Board can be made to re-consider its decision. Many prisoners ask their solicitor to help decide if this can be done.

Will I find out the reasons for the Boards decision in my case?

The Board is required to give full written reasons for its decisions.  The reasons must cover all relevant issues and leave the prisoner in no doubt as to how the panel arrived at its decision.  In addition, reasons must identify the issues that argue for and against release and deal with those issues and specify what remain as outstanding concerns to the Board.

Reasons in oral hearings must address submissions made and evidence heard.  The reasons will be the only record of why the panel came to the decision that it did and they must explain this clearly, both for the benefit of the prisoner and of any subsequent panel.

What happens if I am going to be deported?

If you have been told that you will be deported at the end of your time in prison, you will be released in the same way as everyone else, although it is possible that you will be held in custody by the Immigration Service, while arrangements for you to be deported from the United Kingdom are put in place. Once you are released, you will be handed over to an Immigration Officer who will take you to a port or airport for you to be sent back to your own country.

Can I get release on compassionate grounds?

Under section 30 of the Crime (Sentences) Act 1997 the Secretary of State may at any time release a prisoner on licence if he is satisfied that exceptional circumstances exist which justify release on compassionate grounds.  Before exercising this power the Secretary of State is required to consult the Board unless the circumstances make this impracticable The Secretary of State has exercised his power of compassionate release only where medical evidence has shown the prisoner to be suffering from a terminal illness and where life expectancy is judged to be very short. The Board will only recommend release where the circumstances satisfy it that the risk of serious offending is acceptable.

How long will I be on licence?

A life licence remains in force throughout the individuals life although consideration may be given to cancelling the supervision element of the licence after a minimum of four years. Someone who has received an IPP sentence can apply to have their licence cancelled after 10 years.  (In the case of sex offenders, cancellation will not normally be considered before 10 years have elapsed.)  The Secretary of State normally seeks the Boards advice before cancelling the supervision requirement.

Can I be recalled to prison?

The Secretary of State may revoke a life licence at any time on the recommendation of the Board and the lifer returned to prison. The Secretary of State also has powers to recall a licencee without prior consultation with the Board where it appears expedient in the public interest.  Such cases must then be referred to the Board for confirmation of the recall.  Such cases are considered by the Board at an oral hearing.

The Parole Board for England and Wales

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

Telephone 0845 251 2220