Parole Board chief says new law is flawed
KILLERS who refuse to reveal where they hid their victim’s body could still be freed from jail, despite new laws introduced in a bid to deny them parole.
Martin Jones, the chief executive of the Parole Board, made the warning ahead of ‘Helen’s Law’ coming into force early next year.
Although prisoners will be questioned, and failure to co-operate may not work in their favour, the Parole Board must release them if it is decided they are no longer a risk to the public, according to Mr Jones.
He told the Press Association: “This is a really difficult area. It’s described as ‘no body, no parole’ – that’s not what this legislation does, at all. It requires the Parole Board to take it into account before we make a decision, but it’s very clear that ultimately the Parole Board has to apply the public protection test in relation to whether that person remains a risk to the public.”
While he acknowledged these were “heart-breaking” cases for victims’ families, he said it does not assist them at all if “we mislead them in suggesting otherwise”. He added: “It is vital that we explain that this is something we will take into account very carefully and will add weight to our decision-making.”
Named after insurance clerk Helen McCourt, who vanished on her way home from work on Merseyside in 1988, the Prisoners (Disclosure Of Information About Victims) Bill will also apply to paedophiles who refuse to identify those they abused.
Ms McCourt’s murderer, Ian Simms, was released from prison earlier this year despite never revealing where he hid her body. Her family spent five years calling for the legislation to help give grieving relatives closure before it finally gained Royal Assent in November, after a series of political and constitutional setbacks.
When asked whether the law, if already in force, would have changed the Board’s decision to release Simms, Mr Jones said: “My own view is, even if this legislation had been in place, it would not have changed the Parole Board decision that we made. It would not have made a difference if this law had been brought in prior to us making a decision on the case.”
The latest comments could cast doubt on how effective the new rules will be in changing the current system. Parole Board guidance already says offenders who withhold information may still pose a risk to the public and could therefore face longer in prison. Courts can also hand down tougher sentences for murderers who deliberately conceal the location of a body.
The law sets out to toughen up existing guidelines, making it a legal requirement for the Parole Board to take into account a killer’s failure to disclose the location of their victim’s remains when considering them for release.
Miss McCourt’s mother Marie McCourt, 77, from St Helens, told the Press Association: “I wish the law could have gone further, definitely. It’s upsetting to hear the law may not have helped our case.
“Simms has a violent history. How can they say a man like that – who also won’t reveal information – is safe to be released? But they have to make sure Helen’s Law makes it harder and makes it far more difficult than it has been.”