Prison Law Videos

Date when Video was Published: 03/10/2023

Parole Parole is the system where a prisoner is released from prison, on licence, in certain circumstances. Determinate sentenced prisoner, i.e. those that have been given a set number of months or years are automatically released at the half-way stage of their sentence. The Parole Board aren’t involved in that process. Where the Parole Board do become involved in Determinate sentenced prisoners is where a prisoner has been recalled to prison for breaching their licence. This recall can be either for a fixed period or for the remainder of the licence period. A recall can happen for a number of reasons, and it is a popular misconception that you can only be recalled for committing another offence. This isn’t true. You can be recalled on the basis of not informing your Community Offender Manager about a developing relationship, a job, not attending scheduled appointments, or being of good behaviour. The conditions of a licence are set out in the licence, and all carry the same weight of recall. For those serving a life sentence (and being eligible for consideration), an extended determinate sentence, or an IPP sentence, satisfying a Parole Board that you should be released is the only method to achieve release. There are two types of Parole hearings; a paper hearing and an oral hearing. A paper hearing occurs at the outset in every case. This is where an accredited Member Case Assessment, or MCA, determines whether the case can be concluded on the papers, or whether further steps are necessary to reach a conclusion. An oral hearing is ordered in cases where the MCA has been unable to reach a decision, or where fairness dictates that one should be ordered. An oral hearing allows for the construed Panel to assess a prisoner’s risk of reoffending, and the circumstances surrounding a recall (if applicable) and the offence to which the prisoner has been sentenced. This is called the ‘index offence’. A construed Panel is made up from members of the Parole Board, and can consist of 1 to 3 people. The Panel can include retired Judges, specialist members such as Psychologists, and trained members of the public. The Panel’s judicial function is set in accordance with assessing a prisoner’s risk of serious harm. This is called the statutory test, and is contained with the Criminal Justice Act of 2003 (as amended). ‘The Parole Board must not give a direction for release unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined’. We, at Duncan Lewis Solicitors have a high success rate in assisting prisoners obtain Parole. We regularly appear at oral hearings, and individually are members of the Association of Prison Lawyers. We pride ourselves in being up-to-date with the latest case law and policy decisions regarding Parole. Please visit our website or call us directly on 033 3772 0409

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This video content was created on 03/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.