Who decides when dangerous criminals are released?
THE release of serial rapist Anthony Curran has sparked fear and outrage.
The fact that a sex offender branded ‘highly dangerous’ by the judge who sentenced him could be back on our streets so soon may seem preposterous to many of us.
Today after revealing that Curran, who attacked two women on Tyneside after being freed early from another rape sentence, is out, we ask who decides what happens to dangerous criminals, and what happens to them once they are out.
So who decides that a rapist or murderer should be released from prison?
The Parole Board is an independent body that carries out risk assessments on prisoners in England and Wales to determine whether they can be safely released into the community.
The board is an executive non-departmental public body, sponsored by the Ministry of Justice. The board has 204 members and there are an additional 105 members of staff who support them.
Decisions are made by a panel of members. A typical panel will be made up of three members. Does this apply to all prisoners?
No. The Parole Board is only involved in the release of certain offenders. These are: ■■The early release of prisoners serving fixed-length sentences of four years or more; ■■The release of prisoners who are serving life sentences or indeterminate sentences for public protection; ■■The re-release of prisoners who had been given life or indeterminate sentences and were then re-imprisoned.
Hang on .... doesn’t life mean life?
No. Offenders who are handed life sentences will be subject to these sentences for the rest of their lives, but that does not mean they will die in jail. When passing a life sentence, a judge must specify the minimum term, sometimes called the ‘tariff’.
This is the minimum amount of time the criminal must spend in prison before becoming eligible to apply for parole. The only exception to this is when a life sentence is passed with a ‘whole life order’ which means the offender will spend the rest of their life in prison, but these orders are only used in the most serious cases, such as the Yorkshire Ripper Peter Sutcliffe and child killer Rose West.
If released, an offender serving a life sentence will remain on licence for the rest of their lives and can be recalled to prison if they break the conditions of their licence.
So how does the parole process work?
In the first instance a panel member will look over written reports about the offender provided by the prison service and probation staff. This is known as ‘the paper stage’.
This will include information about the prisoner’s offending history, their behaviour in prison, any courses they may have completed and, in some cases, a psychological assessment.
There may also be victim statements, as well as a statement from the prisoner themselves or their legal representative.
In some cases, the paper stage is as far as it goes, and the single board member will make a decision based on what they have read.
However, the assessment can then go to an ‘oral hearing’ where the prisoner will come before three members of the Parole Board.
Are these hearings public like court hearings?
No. Parole Board hearings are usually held in private. Just this week PM Theresa May has called for greater transparency in Parole Board decisions on releasing prisoners.
How do Parole Board panels make their decisions?
The panel will weigh up the documentary evidence from the paper stage and what they hear at the oral meeting and discuss the best course of action. This evidence will often include the views of experts and factual information about where the offender might live following release and whether they have family support.
The options available to them include release, recommendation to transfer to open conditions, or no direction to release. They can also defer the decision for a set period.
Members of the board have to consider the impact and nature of the crime, the prisoner’s awareness of the effect they had on victims, and their behaviour since they have been behind bars.
Do the victims’ views count?
The Parole Board will have read or heard what is known as a ‘victim impact statement’. However, Victims Commissioner Baroness Newlove has this week criticised the system’s treatment of victims – in light of the Worboys case.
She is now calling for a radical overhaul of the parole process and urging the board to give victims more information about why the dangerous offenders that committed crimes against them are released.
Can the Government overrule Parole Board decisions?
The Board’s decisions are binding and there is no legal power for the Government to overrule them. However, the Justice Secretary can step in if there is a recommendation for a prisoner to move from closed to open conditions.
Parole Board decisions are only usually challenged in court when a prisoner has been denied release.
What happens after an offender is releases into the community?
After their release offenders are managed by the National Probation Service. Probation offender managers will work closely with prisoners to identify suitable accommodation on release. In cases where the prisoner is thought to pose a high risk, they may be initially housed in an ‘approved premises’. This is usually a short-term placement that provides a high level of monitoring and supporting, including a curfew, until the individual is ready to move on to independent or family accommodation.
The offender may also be subject to other conditions, for example an exclusion zone banning them from the area in which the victim lives.
Can released offenders be sent back to prison?
Yes. If a prisoner released on licence breaches their licence conditions or fails to comply with any supervision requirements they can be recalled to prison.