Parole system review goes out to consultation

Reforms to the legislation underpinning Scotland’s parole system have been put out to consultation today by the Scottish Government.

Ministers have established the Parole Reform Programme Board to take forward their manifesto commitment to improve the effective rehabilitation and reintegration of offenders, by modernising and improving support for the work of the Parole Board.

The programme aims to clarify the role and status of the Parole Board, simplify and modernise processes and support consistency of approach. While some changes can be addressed by reviewing existing processes and by better collaborative working with other bodies, some of the proposed improvements may require legislative change.

The latter include:

• the governance of the Parole Board;
• involvement of ministers in the parole process;
• tests that the Parole Board apply in determining whether to release;
• timescales for subsequent reviews following initial consideration for parole;
• the way in which information is supplied to the Parole Board; and
• administrative procedures for considering cases as set out in the Parole Board (Scotland) Rules 2001.

Current legislation says little about the status of the Parole Board and the governance arrangements that apply to it. Ministers believe it is important that the Board is both independent and seen to be independent, and seek views on ways to make this clearer.

The Board’s recommendations and directions are binding in relation to all cases except deportation and compassionate release cases, where ministers currently make the final decision about release. The consultation asks whether this should continue to apply in deportation cases, as well as on who should set licence conditions for certain extended sentence prisoners where currently the Board sets these.

Views are also sought on applicable timescales for ministers to release a prisoner following a direction by the Board; and on whether time limits should be introduced by which a prisoner needs to make representation about the revocation of a licence.

Currently the legislation specifies different tests specified for the Board when determining whether to release a prisoner on parole licence or recall a prisoner to custody. The paper asks whether a common test should be applied and what that test should be.

Also different periods are currently set for subsequent reviews by the Parole Board as to whether to release a prisoner on parole, after an initial consideration. Views on the review periods that should be applied; and also on whether it would be more efficient for organisations providing reports to supply some information directly to the Parole Board rather than via the Scottish Ministers.

Click here to access the consultation. The deadline for responses is 13 October 2017.