Recommendation 1
The current Parole Board release test is constructed so that the Parole Board must only give a direction for release when they are satisfied that it is no longer necessary for a prisoner to remain confined. If the burden of proof test would be reversed so that the Parole Board would direct release unless it is satisfied by evidence from the detaining authority that further detention is necessary for public protection, the Government’s view is that this would not have a material impact on release outcomes for IPP prisoners. The Parole Board would still have to undertake an assessment of risk of harm and of reoffending in order to make a judgement on whether the risks could be managed effectively in the community under supervision of the Probation Service.
The power to recall is another crucial public protection measure, where risk has escalated to the point where a person may no longer be safely managed in the community, even with the imposition of additional licence conditions. IPP prisoners may only be recalled if their behaviour has a causal link to their index offence (or they are out of contact with probation where the link can be presumed). Again, it is vital to retain the power to recall a person back to prison for the duration of their IPP licence.
The HM Inspectorate of Probation (HMIP) 2019-20 Annual Report on inspections of the Probation Service published in December 2020 found that recall is being used appropriately to prevent further serious offending. That followed similar findings in a HMIP thematic inspection of recall published in February 2018. Nevertheless, the Probation Service will always consider and explore alternative steps that can be taken to continue to manage safely risks in the community. National guidance requires probation officers to consider alternatives to recall when considering how to respond to evidence of escalating risk and licence breaches. HM Prison and Probation Service (HMPPS) is working with the Parole Board to ensure that the post-recall review and management processes are as efficient and streamlined as possible, to ensure that recalled prisoners are re-released as soon as it is safe to do so.
Furthermore, the Government brought forward an amendment during the Lords stages of the Police, Crime, Sentencing and Courts Bill which puts the policy of automatic referral of applications to terminate the IPP licence onto a statutory footing. This enables all eligible IPP prisoners to be referred to the Parole Board for consideration for licence termination at the appropriate time. Like the Board, the Government looks forward to hearing the Justice Select Committee inquiry in to IPP sentences recommendations and will consider them closely.
The latest national published figures at the end of December 2021 show the unreleased IPP population standing at 1,602. This is a reduction from 1,849 at the end of December 2020. An increasing emphasis of work undertaken with these individuals is on enabling a change in attitude or behaviour, and in building motivation to address offending behaviour. Locally, the case management, care and support given to all prisoners at HMP Haverigg, including those who are held under IPP, is centred around progression plans to prepare them for release.