Source · Select Committees · Justice Committee

Recommendation 13

13 Rejected Paragraph: 121

Grant recalled IPP prisoners right to oral Parole Board hearings and annual reviews

Recommendation
The Parole Board should have a greater role in decision-making around recalls. All IPP prisoners who have been recalled, not having received a new custodial sentence for committing a further offence, should have the right to an oral parole board hearing within two months of their request. The probation service should have to attend to explain their recall decision. Furthermore, all recalled IPP prisoners should be entitled to annual reviews by the Parole Board to consider whether they are fit for re-release.
Government Response Summary
The government rejects the recommendations for the Parole Board to have a greater role in recall decisions, for oral hearings within two months, and for mandatory annual reviews for recalled IPP prisoners, stating existing processes are adequate and annual reviews could be disadvantageous.
Paragraph Reference: 121
Government Response Rejected
HM Government Rejected
Reject Reasoning: We do not accept that the Parole Board should be involved in the decision to recall an offender to custody. It is for the Secretary of State to take the decision on whether to recall an individual to custody on the basis of evidence that risk has become unmanageable in the community. The Parole Board’s role is to consider, at the appropriate points, whether the individual is safe to be rereleased. Further, we do not accept that a parole hearing within two months of recall should be the focus. There is already a 28-day review on the papers at which the Parole Board has the power to re-release the offender. If the Parole Board decide an oral hearing is necessary, then they will list this in line with their listing policy, unless the panel assesses there is good reason to expedite the hearing. In cases where the Parole Board decline to re-release the recalled prisoner, HMPPS will set the date for the next review. Currently, this can be between 12 months and two years. The length of the review will depend on a number of factors such as outstanding sentence plan objectives or interventions to be completed, and mandating an annual review might work to the disadvantage of some recalled prisoners. We will work with the Parole Board to ensure that reviews are delivered effectively.