Biggs and the Parole Board and the Minister of Justice

Biggs and the Parole Board and the Minister of Justice

The Parole Board was set up in 1967 to consider cases whereby prisoners could be released from prison early under certain conditions. The government decided that those who should benefit from the scheme would not exceed 20% of eligible prisoners. Given that each case in law is meant to be judged on individual merit, this arbitrary capping meant that 80% of eligible prisoners did not stand a chance of obtaining parole no matter how justified their cases may be. Rightly, the so-called independent and impartial judicial body known as the Parole Board was legally challenged in both the national courts and European Court of Human Rights. The Parole Board was found to be lacking in independence.

The problem is easy to see from the Parole Board Rules below. Parties to the proceedings are the prisoner and the Secretary of State for Justice. Ronnie Biggs won his argument before the Parole Board, and the Minister of Justice lost. The decision of the Parole Board should be final. It is a breach of natural justice for the Minister of Justice, who was the losing party to the proceedings, to be judge in his own cause and overturn the Parole Board decision. This power must be taken from the Minister of Justice. In the same way that the prisoner can challenge the Ministry of Justice by way of judicial review, the Ministry of Justice should be able to challenge the Parole Board decision by way of judicial review. Presently, we are left with the Executive overruling the Judiciary. The doctrine of the Separation of Powers has been stood on its head and justice is denied.

Criminal Justice Act 1991
Part III Early Release of Prisoners
Preliminary
32 The Parole Board

(1) There shall continue to be a body to be known as the Parole Board (“the Board”) which shall discharge the functions conferred on it by this Part.

(2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.

(3) The Board shall deal with cases as respects which it makes recommendations under this Part on consideration of—

(a) any documents given to it by the Secretary of State; and

(b) any other oral or written information obtained by it,

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.

(4) The Board shall deal with cases as respects which it gives directions under this Part on consideration of all such evidence as may be adduced before it.

(5) Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part; and in giving any such directions the Secretary of State shall in particular have regard to—

(a) the need to protect the public from serious harm from offenders; and

(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

(7) Schedule 5 to this Act shall have effect with respect to the Board.
New arrangements for early release
33 Duty to release short-term and long-term prisoners

(1) As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—

(a) to release him unconditionally if that sentence is for a term of less than twelve months; and

(b) to release him on licence if that sentence is for a term of twelve months or more.

(2) As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.

(3) As soon as a short-term or long-term prisoner who—

(a) has been released on licence under subsection (1)(b) or (2) above or section 35 or 36(1) below; and

(b) has been recalled to prison under section 38(2) or 39(1) below,

would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.

(4) Where a prisoner whose sentence is for a term of less than twelve months has been released on licence under section 36(1) below and recalled to prison under section 38(2) below, subsection (3) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

(5) In this Part—

*

“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
*

“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.

Parole Board Rules Part 1
INTRODUCTION

Title, commencement and revocation

1. (1) These Rules may be cited as the Parole Board Rules 2004 and shall come into force on 1st August 2004.

(2) The Parole Board Rules 1997 are hereby revoked.

Application and interpretation

2. (1) Subject to rule 24, these Rules apply where a prisoner's case is referred to the Board by the Secretary of State under section 28(6)(a), 28(7) or 32(4) of the 1997 Act, or under section 39(4) or 44A(2) of the 1991 Act, at any time after the coming into force of these Rules.

(2) In these Rules, unless a contrary intention appears:

'Board' means the Parole Board, continued by section 32(1) of the 1991 Act;

'Chairman' means the chairman of the Board appointed under paragraph 2 of Schedule 5 to the 1991 Act;

'Chair' means the chairman of a panel appointed under rule 3(5);

'Governor' includes a director of a contracted out prison;

'Panel' means those members of the Board constituted in accordance with rule 3 and having conduct of the case;

'Parties' means the prisoner and the Secretary of State;

'Prison' includes a young offender institution or any other institution where the prisoner is or has been detained;

'Single member panel' means that member of the Board constituted in accordance with rule 3(1);

'Three member paper panel' means those members of the Board constituted in accordance with rule 3(2);

'Three member oral panel' means those members of the Board constituted in accordance with rule 3(3);

'The 1991 Act' means the Criminal Justice Act 1991; and

'The 1997 Act' means the Crime (Sentences) Act 1997.


Directions to the Parole Board under Section 32(6) of the Criminal Justice Act 1991 Issued May 2004

Directions relating to the Release of Determinate Sentence Prisoners

In deciding whether or not to recommend release on license, the Parole Board shall consider primarily the risk to the public of a further offence being committed at a time when the prisoner would otherwise be in prison and whether any such risk is acceptable. This must be balanced against the benefit, both to the public and the offender, of early release back into the community under a degree of supervision which might help rehabilitation and so lessen the risk of re-offending in the future. The Board shall take into account that safeguarding the public may often outweigh the benefits to the offender of early release.

2. Before recommending release on parole licence, the Parole Board shall consider:

a) whether the safety of the public would be placed unacceptably at risk. In assessing such risk, the Board shall take into account;

(i) the nature and circumstances of the index offence including any information provided in relation to its impact on the victim of the victim's family;

(ii) the offender's background, including the nature, circumstances and pattern of any previous offending;

(iii) whether the prisoner has shown by his attitude and behaviour in custody that he is willing to address his offending behaviour by participating in programmes or activities designed to address his risk, and has made positive effort and progress in doing so;

(iv) behaviour during any temporary release or other outside activities;

(v) any risk to other persons, including the victim, their family and friends;

(vi) any medical, psychiatric or psychological considerations relevant to risk (particularly where there is a history of mental instability);

(vii) if available, the indication of predicted risk as determined by a validated actuarial risk predictor:

(viii) that a risk of violent or sexual offending is more serious than a risk of other types of offending;

(b) the content of the resettlement plan;

(c) whether the longer period of supervision that parole would provide is likely to reduce the risk of further offences being committed;

(d) whether the prisoner is likely to comply with the conditions of his licence and the requirements of supervision, taking into account occasions where he has breached trust in the past;

(e) the suitability of home circumstances;

(f) the relationship with the supervising probation officer:

(g) the attitude of the local community in cases where it may have a detrimental affect upon compliance; and

(h) representations on behalf of the victim in respect of licence conditions.

3. Each individual case shall be considered on its merits, without discrimination on any grounds.

Related content...

Parole Board is independent despite Ministry of Justice power to give directions

Court of Appeal
Published January 19, 2007
Regina (Girling) v Secretary of State for the Home Department
Before Sir Anthony Clarke, Master of the Rolls, Sir Igor Judge, President and Lord Justice Carnmwath
Judgment December 21, 2006

And Independence and Impartiality of Parole Board Insufficient for Fair Hearing see this judgment.