Ministers announce next steps on parole reform

Victim attendance at parole hearings, greater use of electronic tagging of released prisoners, GPS monitoring, better information for prisoners and a possible review of Parole Board decisions are among the options to be explored by Scottish ministers following the recent consultation on reforming the parole system.

Ministers' intentions were published today, along with the analysis of the responses to the Transforming Parole in Scotland consultation which took place earlier this year.

The consultation focused on five main areas: 

• how to strengthen the voice of victims in the parole process, and whether they should have a right to have the reasons for parole decisions explained to them;
• how better to support Parole Board decision-making, its transparency and communication;
• how to assist prisoners to prepare for parole hearings and understand the conditions of their parole (if granted);
• how improvements could be made to the supervision and recall of individuals; and
• how to strengthen the independence, governance and accountability of the Parole Board.

Among other things, respondents to the consultation supported:

• greater involvement of victims in the parole process;
• improving access to information for prisoners;
• improving information sharing and clarity of information between all parties; and
• enhancing the independence of the Parole Board and creating a new review and appeal process.

In its response the Government promises to explore a means by which victims and/or families (if they wish to) can make representations to the Parole Board member(s) who will hear their case, which may require amending legislation; and to allow prisoners' families to make representations regarding the impact of the decision on the family.

It will also explore how to allow victims to attend hearings, perhaps being able to ask about procedural matters before the prisoner is present, or to view the hearing by video link with the sound being muted when confidential matters are discussed. Electronic monitoring of released prisoners could include exclusion zones in relation to victims.

Ministers will work with the Information Commissioner and the Parole Board on how information regarding decisions may be published, taking into account rights and obligations under the Data Protection Act 2018 and the prisoner's rights under ECHR.

They will also work with the Board to raise its profile amongst professionals and others concerned in the process, to ensure that its role and processes are fully understood; and recommend to the Board that it produce and publish a communication strategy.

Prisoners will be given easy to read information ahead of hearings, and more help to understand licence conditions and the consequences of breaching them. Ministers will also consider options for an early review to be carried out a few weeks after release, to iron out any problems and ensure compliance with licence conditions is fully understood and being adhered to.

There will be a further a specific consultation on transferring the Parole Board for Scotland to the Scottish Tribunals, and whether it would enhance the independence of the Board. Further, the rewrite of the Board's rules will set out a formal review process, including the process to seek a review, what the criteria are, the timescales and the grounds for review.

Justice Secretary Humza Yousaf commented: "Scotland has a fair and robust parole system, but I know from listening to victims and their families that they can feel left out of parole cases which have affected their lives. There was clear support in this consultation for greater victim involvement in the parole process and for their safety and welfare to be explicitly taken into account. These changes, including the increased use of exclusion zones, will help victims and families bereaved by crime to feel included, listened to and better protected. 

"At the same time, I hope they will help prisoners to better understand the steps undertaken when they are eligible for parole, as well as the consequences of breaching a parole licence."

Click here to view the report and response.