Amendments to Parole Board rules
From 21st July 2022, there are a number of amendments to the Parole Board Rules 2019.
The Parole Board is in the process of updating its guidance to reflect these changes but in the meantime the information below sets out key changes.
Recommendations from HMPPS report writers and a single view from the Secretary of State in some cases
Community Offender Managers, Prison Offender Managers and prison Psychologists will no longer be providing recommendations or views on a prisoner’s suitability for release or transfer to open conditions in the reports they provide to the Parole Board. While HMPPS report writers are unable to provide a recommendation/view, they must still provide a rigorous and comprehensive assessment of the prisoner’s risks and needs, using accredited tools and applying their professional judgement, as well as a statement of outstanding risk factors and identifying protective factors. For all cases, a risk management plan must be provided that presents an evidence-based assessment of the risk the prisoner presents, setting out how the Probation Service would manage the prisoner, if the panel were minded to direct release.
In some cases, the Secretary of State will present a single view on the prisoner’s suitability for release. These cases will be selected by the Secretary of State, taking account of advice from officials.
A new provision for setting aside a decision has been introduced
The set aside process will give the parties to parole reviews (the Secretary of State and the prisoner) the right to ask for a final parole decision to be looked at again by the Parole Board. This is only applicable for cases where release is being considered and not for recommendations for open conditions. Guidance will be published on setting aside shortly.
A change to IPP licence termination process
The Secretary of State now makes an automatic referral to the Board for consideration of terminating an IPP licence rather than the individual on licence making an application direct to the Board.
Where the individual on licence has been recalled to custody, the panel must consider both whether the IPP licence should be terminated and whether the test for release is met.
For more information on IPP licence termination please see here: Termination of Licence for Individuals serving Imprisonment for Public Protection (IPP) - GOV.UK (www.gov.uk)
Public hearings
The new Parole Board Rules make it possible for public parole hearings to be held in some cases where circumstances justify it. The prisoner, victim, the media or the wider public may now make an application requesting that a case be heard in public.
Applications have to be made no less than 3 months before a parole board hearing is scheduled to take place.
More information on this process and the application from can be found here: Applying for a Parole review to be public - GOV.UK (www.gov.uk)