Madness 4

Here's some helpful tips from the HMPPS Guidance document on how to avoid any awkward moments in front of the Parole Board:-

Language guidance for reports and attendance at oral hearings

We understand that, following the introduction of this new policy, staff will be uncertain about what they can and cannot include in both reports and as witnesses in oral hearings If HMPPS staff tell the Parole Board that in their professional assessment, the prisoner’s risks are / are not manageable in the community, we appear to be telling the Parole Board in terms that the prisoner should remain in custody, in order for protection of the public. This would be providing a view on whether the release test is met, which we are no longer allowed to do. We cannot provide an assessment on whether the RMP would protect the public or say whether we think it is sufficient to manage the risks. It appears we must provide the evidence neutrally without providing an assessment of whether we consider release to be safe.

The following examples are suggested ways of expressing professional assessments about risk and are acceptable under the new policy:

• ‘I have concerns about whether / I do not assess that Mr/Ms X would be likely to comply with the risk management plan on release because…’
• ‘There is little evidence that that Mr/Ms X has addressed the following areas of risk…. Therefore, it is my assessment that the following work remains on the sentence plan for completion.’
• 'Identifying where specific assessed risks are / are not likely to be managed by the plan without explicitly stating this e.g. ‘Risk X requires A, B and C in order to be managed. The RMP provides A and B’.
• ‘The following risk reduction work in closed has been completed / remains outstanding
• ‘There is [some/significant] evidence that Mr/Ms X has addressed outstanding risks and must now develop their resettlement plans as follows’
• ‘My assessment is that it in order to reduce these risks ….. that Mr/Ms X complete ‘prison only intervention’ which is only available in custody’

If you are asked the following, or similar questions, in the oral hearing:

Q: ‘Do you consider the risks posed by Mr/Ms X to be manageable in the community?’ OR ‘Do you consider that this risk management plan is sufficient to protect the public?’

You should respond:

“That is a judgment for the Parole Board to make. The risk management plan I have prepared is my proposal as to how to manage the prisoner’s risk, should the Panel conclude that the statutory release test is met.”

If you are asked whether any risk reduction work remains outstanding, you can answer this question.

If you are asked any questions either by the panel or the legal representative, and you consider that you are being asked to provide a view or recommendation about suitability for release or for a move to open conditions, you should respond:

• ‘It is not my role to provide a view on the suitability of [prisoner name] release or open conditions, but I am able to answer any questions you may have otherwise’
• I / the Probation Service / Prison Service cannot provide a view/recommendation on whether or not to release / a move to open conditions
• Where appropriate and relevant: A single view has been provided by the Secretary of State in this case and I refer you to it
• I cannot provide a view / recommendation on that I’m afraid, but I can provide my assessment of risk and my plan to manage that risk should release be directed

The language below would constitute a ‘view or recommendation about suitability for release or open conditions’ and must be avoided:

• ‘My assessment is that Case X should / shouldn’t be released’
• ‘My view is that further time in open conditions is required prior to release’
• ‘I recommend that Case X is released’
• 'My assessment is that risk is / is not manageable in the community'
• 'My assessment is that custody is / is not required to protect the public
• 'My assessment is that the current risk management plan is / is not sufficient in this case to manage the risks posed by Mr/Ms X'
• ‘My assessment of the likely outcome should Mr/Ms X be released is’
• ‘If you directed release / recommended open conditions for Mr/Ms X, this is what in my view would be essential to manage their risk …..and this is what is currently available in this setting …..’