Posts Tagged ‘reform of parole’
Reforming the Parole Board: first steps
In October 2020 a ‘root and branch review’ of the Parole Board was announced.
One part of this review was a public consultation on the question of whether hearings of the Parole Board should be held in public. The outcome of this consultation has now been published (8 February 2021).
At present, the Parole Board Rules forbid Parole Board hearings from taking place in public. In responses to the Consultation, a minority of respondents argued that all hearings should be open. However, a majority thought this would be impracticable. Too many hearings involved the consideration of matters that it would not be in the public interest to disclose.
The Government has now concluded that there might be limited circumstances in which an open hearing might be appropriate. It has therefore decided that the Parole Board Rules should be amended to at least make it possible for a hearing to take place in public.
It is likely that the relevant rule amendment will be made in the coming months. Meanwhile, work continues on the other that formed part of the root and branch review. Further announcements are anticipated later in 2021.
I wrote a blog item on the review and its scope when it was announced in October 2020. See https://martinpartington.com/2020/10/31/root-and-branch-review-of-the-system-of-parole-and-the-work-of-the-parole-board/
The Report on the outcome of the Consultation on making hearings open to the public is at https://www.gov.uk/government/consultations/root-and-branch-review-of-the-parole-system
Root and branch review of the system of parole and the work of the Parole Board
The work of the Parole Board has changed significantly over the last 10 years. New rules and new procedures have been introduced. It now holds more than 30 times the number of hearings it held in 2010. In its 2019 General Election Manifesto, the Government stated that it would undertake a fundamental review of the current system. The details of what is planned have now (October 2020) been published. The announcement states:
The Root and Branch review will focus on the following 4 areas:
1.An evaluation of the parole reforms to date:
- considering the overall performance of the parole process and identifying whether any further measures would help to improve the timeliness and efficiency of the process
- the response to Covid-19 (in particular with use of online hearings) and its implications on the way parole reviews may be conducted in the future
- examining the effectiveness of the reconsideration mechanism (introduced to enable prisoners and others ask for a reconsideration of a decision without the expense of taking judicial review proceedings) and whether there is a case for further reform of that process
- identifying any additional legislative or Rule changes that would further improve the parole process including whether the current release test continues to be appropriate
2.The constitution and status of the Parole Board:
- examining whether the Parole Board should remain a non-departmental public body or should be made more visibly independent from the Ministry of Justice
- whether possible alternatives, such as creating a new type of public protection tribunal, could deliver the parole function in a more efficient and cost-effective way
- considering the need for any additional measures to strengthen the Parole Board’s powers to reinforce its status as a court-like body
3.Improving public understanding and confidence:
- exploring whether further steps could be taken by the Board and other parts of the system to help explain and publicise what parole decision making is, how it works and what the assessment entails
- ways to better communicate that parole decisions are not about ongoing punishment for the offences committed and that release is not a reward for good behaviour in prison
- improving messaging that the parole system protects the public by authorising the continued detention of dangerous offenders and that only a minority of prisoners considered for parole are released
4.Openness and transparency:
- developing a way for victims to observe oral hearings in a safe and secure way without compromising the Board’s ability to perform its function and obtain the best possible evidence from the prisoner and professional witnesses
- considering the case for public hearings and whether this would be possible and appropriate in certain limited cases
- looking at ways to build on the work already done to improve openness and transparency.
The Government observes that:
“the underlying aim of this review is to determine whether the Parole Board in its current form and constitution remains the most effective model for what the future of the parole system may look like; to command public confidence in the decisions it makes; and to deliver its functions in the most effective and transparent way possible, whilst ensuring that there is an effective independent judicial mechanism for keeping under review the continued lawfulness of custody.”
At the same time as these terms of reference were published, the Government also published what is called a “Tailored-Review of the Parole Board“. This was undertaken in accordance with the Cabinet Office requirement that all public bodies are reviewed at least once per parliament.
This review of the Parole Board focused predominantly on operational changes that could be made within the current legislative framework, making recommendations which further improve collaboration within the parole system and highlighting existing legal powers that the Parole Board can use to compel the production of evidence and the attendance of witnesses, with the intention of ensuring that all cases progress in a timely manner.
On the same day as these two documents were published, the Government also published its first consultation paper which explores options for increasing the transparency of the parole system. The consultation seeks views on the possibility of allowing victims to observe parole hearings and on whether the media and wider public should also be given greater access to hearings where it is appropriate to do so. The Consultation runs until 1 December 2020. The Government hopes to respond to it by the end of 2020
Changes recommended in the tailored review will no doubt be brought into effect pretty quickly. The consequences of the root and branch review will take longer. But a period of considerable change at the Board can be anticipated.
The Terms of Reference are at https://www.gov.uk/government/publications/parole-system-reform/terms-of-reference
The Tailored Review is at https://www.gov.uk/government/publications/parole-system-reform and follow the link
The Consultation Paper is at https://www.gov.uk/government/consultations/root-and-branch-review-of-the-parole-system
Reforming the parole board: new announcements
In April 2018 I noted here the fact that the Government was planning to take steps to reform the ways in which the Parole Board goes about its work. In March 2019, the Government has published the conclusions it has reached so far on this work. The principal features of the new approach are:
- The Government will change the Parole Board Rules to create a new reconsideration mechanism so if there is a seriously flawed decision it can be looked at again without the need for judicial review. This is the most important change in the current round of reform proposals.
- The Parole Board will publish new Standard Practice documents which will make more transparent the considerations and approaches to decision making that should normally be followed
- Improved engagement and communication with victims will be delivered through changes to the Victim Contact Scheme, the commitments in the Victims Strategy published on 10 September 2018 (see this blog November 29 2018) and a revised Victims’ Code following consultation in 2019.
- The Government will replace the current Prison Service Instruction on the parole process with a new Policy Framework which will make improvements to timeliness and efficiency as well as ensure the published instructions are up-to-date and support the other reforms.
- A new Operational Protocol between the Parole Board and HM Prisons and Probation Service will be published which will clarify and make more open everyone’s roles and responsibilities; support better joint working; and reduce duplication.
- Provision will be made in the Rules for prisoners with mental health needs and learning difficulties, who lack mental capacity, to ensure a fair hearing, including the appointment of suitable representation if necessary.
- A Rules Committee will be created to oversee future Rule changes, ensuring the rules keep pace with wider developments, with input from key stakeholders including victim representatives.
- A further Review of the Parole Board will examine the future constitution of the Parole Board and whether more fundamental reform requiring primary legislation is needed.
Further information about these proposed reforms can be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/775844/review-of-the-pb-rules-and-rm.pdf
A separate paper sets out in more detail how the proposed reconsideration mechanism will work. This is potentially an important change; its operation will need to be kept under review to ensure that it is an effective means of seeking reconsideration without the need for judicial review proceedings.
For further detail see https://www.gov.uk/government/consultations/reconsideration-of-parole-board-decisions-creating-a-new-and-open-system
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 