Showing posts with label Parole. Show all posts
Showing posts with label Parole. Show all posts

Monday, 10 August 2026

Guest Blog 108

I can't help but wonder if our current Criminal Justice System has reached a point where it's now beyond repair, and a whole new system needs to be created across the board? Apart from the chaos of the early release scheme, I read this week that prison wings are being closed under the guise of renovation to hide staff shortages and high levels of sick days being taken.

I read too that the MoJ may have to close down more prison space because of dangerous levels of radon that is affecting several of our victorian prisons as the building materials used are starting to decay through age.

I also read that whilst the MoJ are struggling to release prisoners early, they have at the same time decided to increase prison punishments, increasing the number of added days a prisoner can be awarded from 42 days to 84 days.

https://insidetime.org/information/mean-spirited-and-unjust-why-the-mojs-new-rules-risk-undermining-rehabilitation/

It seems that every policy that is introduced has an alternative policy that works against it. Within my social group there is a retired probation officer (CQSW) who is very left wing in their views. There is also a retired prison officer (10 years a block screw) and extremely right wing in their views. There is also a couple of ex-cons (old lags now and also long retired) who's views stretch in betwwen. 

However, regardless of political opinion, everyone is on the same page with the CJS. It was never perfect, but it worked well. More importantly, it was respected. The police caught the offenders and brought them before the courts. The courts heard the case, weighed up all the circumstances and decided on the most appropriate punishment. If that happend to be imprisonment, then the convicted person would serve two thirds of the total sentence and be released without any post sentence supervision. For those sentenced to two years or longer the possibility of being granted parole after one third existed, and if granted release, came with the provision to engage with probation services. No consent, no parole.

The public respected this process. There was never any outcry that someone hadn't been given long enough, or someone was being released early on parole. There was never any media or victims making headlines demanding that someone serve the amount of time that they wanted to see them serve. 
The system was respected. The sword and the scales, and what ever decision the courts arrived at, or who ever the Parole Board released was just acceped as part of the overall process.

Probation was respected too. It worked to resettle and rehabitate those being released on parole, not by enforcement and control, but by support and encouragement.

The CJS needs to go back to somewhere near to what it was. Each agency needs the freedom to do it's own job and achieve its own specific purpose, what it was designed to do. The CJS needs to assert itself and not be driven by the court of public opinion because pandering to one group will always upset another group. It may not of been perfect, but there was a time when it all worked so well, and its really not all that long ago.

'Getafix

Wednesday, 2 October 2024

All in the Editing?

Ok, so I've been encouraged to watch episode 2 of the new BBC 2 series Parole. "Can Leopards Change Their Spots" screens tonight at 9pm, but I've watched it already. I knew it would irritate, just like series one, but it's my duty I guess, and I've been remiss in ignoring the new series.  

Tonight's episode covers just two cases, a woman serving a life term for murder with a 13 year tariff from memory, and a prolific burglar serving the dreaded IPP x 2 and well over his 9 year tariff. Interestingly, the woman's Oral Hearing was in person at the prison and with a full 3 person panel. The guy's was down the line on video link, also with a full panel, but my strong antipathy towards this cash-saving practice is no secret to regular readers. It's no way to treat people in such life-changing situations in my view. 

Now we all know Oral Hearings are quasi-judicial processes and often lengthy, certainly 2/3 hours minimum and as such pose a serious problem for any TV producer and especially if you use lots of specially recorded sessions with each prisoner as well. I mention this because we have no idea what ended up on the cutting room floor and if it might help explain the lack of probation input.

Ok, the guy had a Community Offender Manager and she states her involvement had been over 10 months and included lots of video calls. This is the moment to state video is not conducive to building a sound professional relationship in my view, but prison visits are not allowed for cash saving reasons. 

We did not hear the officer advocating strongly on the guy's behalf, or speak at length regarding the many worrying issues along the way during sentence, including screwing up in open conditions by absconding and going on a burgling spree that earned him 5 years on top of the IPP. We never heard mention of him attending any programmes during his sentence. 

In essence, I think he was poorly served, especially by his brief and left me pondering on how much better informed the Board could have been under the old system of long involvement by a community PO who could have spoken more authoritatively. I also suspect such an arrangement might well have prevented the guy going AWOL from open with the distorted thinking 'I decided I'd done my time after my tariff'.

I feel really sad for this guy as of course he perfectly represents the gross miscarriage of justice all IPP's find themselves in and the suicide rate is utterly heart-breaking. His absconsion rules out another period in open, so for him it's going to be very tough indeed to demonstrate taking the risk of release any time soon.

There was no mention of any community probation involvement with the female lifer, so we are all left pondering on that. Did anyone from the community write a report? We assume the Prison Offender Manager did, but again we didn't hear any great advocacy or evidence-based professional judgement. To err on the side of fairness, I guess we must presume this all fell foul of editing, but one has to wonder how many Prison Offender Managers had been involved in this woman's case over the years. 

On a positive note, we heard of her period of over 4 years in a Therapeutic Unit and I'm sure this may have helped address the many issues she had from her troubled early life and adolescence. It's one reason why Probation Officers had to be qualified social workers of course. I can't remember why she wasn't in open conditions (drug taking?), but I think I was surprised at the decision to release. Ok it's to a Probation Hostel and I very much hope she does well there and can avoid drugs, alcohol and negative influences. It'll be tough though and she will need a lot of support from the field probation team. But we all know risks must be taken and we all have a duty to offer as much support as possible.

Will I watch the whole series? I suppose I'd better, but I know it will only annoy me as to how downgraded the whole probation input has become and we must hope the new government honours its election promise of a 'Review'. We must thank the BBC for persisting over 5 years to gain permission to cover this topic. I just wish it put probation in a better light though....                         

Thursday, 11 May 2023

What About Probation John?

It looks like the Prison Reform Trust is on a roll at the moment and recently managed to bag a former prime minister to publicly admit their part in the parlous state we now find the Criminal Justice System in:- 

The former Prime Minister, Sir John Major delivered a speech at the Old Bailey on 9 May 2023, in which he set out his case for penal reform. Sir John acknowledged that the problems now being faced within the penal system have intensified over many governments, and that he, his predecessors and his successors should all share responsibility for this.

“We over-use prison and under value alternative sentences”


It’s a great privilege to be here this evening – and in such historic surroundings.

I’d like to thank Alistair King for making it possible – and Edward Garnier for encouraging me to enlarge publicly upon what I have said privately. Edward – apart from his legal and political career – is a Trustee of the Prison Reform Trust, now Chaired by James Timpson, whose actions match his family’s long concern for prisoner welfare. The Trust itself, until recently under the guidance of Peter Dawson and now, Pia Sinha has worked for reform with the same persistence as those early campaigners – John Howard and Elizabeth Fry.

I would like this evening, to add a few thoughts of my own. One of the virtues of age is having the time to reflect on what you have left undone with – no doubt – some regrets along the way. It is such reflections that have brought us together this evening. I am conscious that, where I criticise, many of the problems are long standing and I, together with predecessors and successors, must each take our share of the blame.

Let me begin with some reassuring news. Violent crime has been falling for nearly 30 years – although the extent of public interest when some horrific crime occurs makes this a deeply held secret for many people. Despite this long downward trend, legislators have been far more active in framing policy to punish crime than in action to minimise the cause of it.

Many citizens who have faced ‒ or fear facing ‒ serious or violent crime strongly approve. They are clear that they ‒ and their families ‒ are safer if criminals are taken out of society. And, in one sense, they are entirely right. And yet this instinctive ‒ very human ‒ response ignores the obverse of punishment, which must be rehabilitation.

Stern sentences for violent crimes are necessary, and the instinct to protect the public is laudable ‒ but we should beware that excessive zeal to be tough on crime does not lead us into unwise policy.

We are told “prison works” and – to the extent it holds the worst of criminals in custody, it does – but I do not believe our justice system is well served if it also imprisons those who could better be punished by non-custodial sentences. Even to use the word “rehabilitation” is taken by many as code for being “soft” on crime; for being gullible; a “do-gooder” who cares more for the villain than the victim. I certainly do not intend it in that sense. Indeed – as I shall argue shortly – I believe such an interpretation ignores the public interest.

When society sends people to prison we are, in reality, “shutting the door after the horse has bolted”: the crime has been committed. Retribution follows: but, upon release, it is surely in the wider interest of everyone that the crime is never repeated. That is the purpose of rehabilitation ‒ together with turning around the life of the released prisoner.

If we wish to live under a penal code of which we can be proud, then we must not only punish, but act to reform and re-educate offenders. I don’t claim that is easy. But I do say that it is sound policy to reduce the risk of re-offending upon release.

We send people to prison ‒ most of them, deservedly, but some not. Either which way, to prison they go. And, to many, that is the end of the matter. Justice is done and the victim has closure. But ‒ future victims do not have closure if the prisoner re-offends. Prison is at its best when it rehabilitates, and, at its worst if – instead of providing a route out of crime, it provides an education into it.

PRISONERS/EDUCATION

It is instructive to consider the overwhelming characteristics of adults committed to prison:
  • nearly two-thirds of them have used Class A drugs;
  • many are illiterate, or innumerate, or both;
  • almost half have no educational or vocational qualifications whatsoever;
  • the intellectual assessment of many prisoners equates to that of a primary school pupil.
Two-fifths of those in prison were either expelled or excluded from school; three fifths were frequent truants; many were taken into care as a child; or observed violence in the home; or suffered abuse; sometimes even all of the above. All of this is a truly wretched preparation for adult life. We cannot be ignorant of the fact that failures in the early years of life are a serious driver towards crime, and anti-social behaviour.

There is education and training in prison, but its availability ‒ and value ‒ is mixed. After the (Sally) Coates review in 2016 improvements were expected. Yet, seven years on they have not materialised. There are reasons. Poor education contracts; lack of funding; unsavoury prison conditions; and – of course – the impact of Covid, have all stood in the way. As has over-crowding, and the resultant churn of prisoners being moved from prison to prison. If we wish to attack the causes of crime, better education – in and out of prison – is an essential component.

PRISON POPULATION

Forty years ago, when Willie Whitelaw was Home Secretary, I was a humble Parliament Private Secretary to the two Ministers of State, Tim Renton and Patrick Mayhew. They were shocked ‒ Willie was apoplectic actually ‒ when the prison population reached 40,000. Today, it is more than double that.

A range of reasons contribute:
  • our national population has grown;
  • indeterminate sentences boosted prisoner numbers;
  • as has legislation increasing terms of imprisonment for many crimes; and
  • a greater range of misdemeanours may lead to prison.
Comparisons with overseas do not reflect well on our penal policy. The UK has the highest imprisonment rates in Western Europe ‒ and yet I find it hard to believe we British are uniquely criminal. So ‒ were our predecessors unduly lenient in sentencing ‒ or are we unduly harsh?

And why ‒ since our prisons are heavily over-crowded ‒ have suspended sentences been declining? In the year to June 2022, 43,000 people were sentenced to a term in prison. Of these, less than two in every five had committed a violent offence. Was prison the correct (or fair) sentence for all the 26,000 non-violent offenders? Some, perhaps … but all? I am not sure that it was.

The punishment of prison is to lose liberty, but the prisoner may lose much else besides: their job, their home, their relationships. That is a high cost ‒ not only for the prisoner, but for society as a whole. The full costs may not be justified. We might be wise to be more selective.

When prisoners have served their punishment we don’t wish them to be so alienated that ‒ through spleen or necessity ‒ they return to crime. That is in no one’s interest ‒ and especially not the public at large. Many prisoners ‒ far too many, I believe ‒ are sentenced to short-term imprisonment when other sentences would be preferable. In some cases, care and medical attention are called for rather than prison.

Should the mentally ill be imprisoned, or should they be treated in secure wings of mental hospitals? Surely the latter. More radically, should non-violent mentally ill prisoners even be the responsibility of the justice department: would not the Department of Health be more appropriate? I appreciate such a move would not be welcomed by the Health Department, but the Government’s responsibility is to provide the most effective and humane punishment.

Imprisoning people who may be incapable of self-control is simply wrong. They require care, not incarceration. Of course, mentally ill prisoners who are dangerous or violent must be held securely to protect the public, but they, too, require care as well as custody.

Moreover, should low-level drug offenders ‒ street dealers for example ‒ who are highly likely to be of limited intelligence as well as being addicts themselves – be sentenced to prison, or given an appropriate community sentence? To be blunt ‒ my suspicion is that many short sentences are pointless and that a non-custodial sentence would be more effective and, perhaps, more fair.

WOMEN

There are over 3,300 women in prison in England and Wales. More than half will serve less than six months. No doubt some are irredeemable, but I suspect most are not. Over two-thirds of women sent to prison have committed a non-violent crime: at present more are imprisoned for theft alone than for criminal damage, arson, drug offences, possession of weapons, robbery or sexual offences.

I do question whether prison for many of these women does not cause more problems than it solves. Some have mental problems, or histories of trauma or abuse. Some 50 babies a year are born to women in prison, and reports suggest women in prison are seven times more likely to suffer still birth. That statistic alone should make us question present policy: whatever the mother may have done, the baby is innocent.

I accept – male or female – we are all equal under the Law, but common sense and practicality suggests we should look very carefully at community sentence alternatives, before sending vulnerable women offenders to prison.

THE PRISON ESTATE

Reports by HM Inspectors on the state of our prisons do not make for happy reading. Time after time, the conditions of prisons are found to be unsatisfactory. In some they are intolerable. Many of the old Victorian prisons ‒ Wandsworth, Pentonville, Norwich, among others ‒ were built to hold one prisoner per cell. 150 years later, these cells may hold two – or even three – prisoners, sleeping on bunk beds and essentially ‒ forgive my putting it this way – living in a lavatory. To have inmates held in worse conditions than in Victorian times is an indictment of policy that is hard to ignore.

Last year, 301 prisoners died in custody ‒ 74 of them by their own hand. This rate of suicide is six times higher than among the general population. Many suicides are within the early days of custody. It is hard to escape the conclusion that the sheer shock of imprisonment ‒ which, I reiterate, may be for a non-violent crime ‒ is a principal cause of the desperation that leads to self-destruction.

Self-harm in prison has risen by two and a half times over the last decade ‒ most notably by women, but there is also a significant rise in the incidence of male self-harming. I would like to know ‒ why? I would suggest that prisoners who kill or maim themselves are people in despair – not hardened villains.

Of course, the Government knows all this. In 2015, the Government announced a new prison reform programme to build nine new prisons – and committed £1.3 billion to create 10,000 new prison places by 2020. This well-meaning plan ‒ let me put it kindly ‒ faltered. The Public Accounts Committee reported that, despite these pledges, only 206 new places were delivered with 3,500 places still underway.

Meanwhile, prisoners continued to be held in unsafe and over-crowded conditions. A revised plan followed in 2019 ‒ also to create a further 10,000 places. This was updated in 2020 when £4 billion was allocated to deliver a total of not 10,000 but 18,000 places ‒ in England and Wales – by the middle of this decade. 

The plans included the expansion of four prisons; the completion of building at two more; and refurbishment of the Prison Estate. Last month, a Parliamentary Question revealed that only 3,100 of that 18,000 target had yet been provided, and only one new prison had been opened in Wellingborough – although I believe a second, Fosse Way, is due to open this year. Progress? Yes. But 2025 is only two years away, and there is still a very long way to go to turn what was promised into reality.

Prison staffing is an allied and deep-rooted problem. The turnover of staff is a ruinous 15% a year – which delivers its own message about the job’s lack of appeal, and the toll it must take. Despite efforts to attract people to become prison officers, there are over 700 fewer officers than there were 12 months ago, and front line staff are 11% below the staffing level of 2010. This does not suggest a modern prison service is anywhere near delivery.


REMAND

It is said that “Justice delayed is Justice denied”. And yet, the congestion in our Courts does delay justice. Consider the remand system. Remand may be used for accused people before their trial, or those convicted and awaiting a formal sentence for their offence. Within that bland reality lie many complexities, and some injustices.

At present ‒ partly as a result of Covid delays ‒ the number of people on remand is at its highest level for decades: around 14,500. Typically, two-thirds are awaiting trial, while the remainder are awaiting sentence after conviction. Of those awaiting trial, one in two are subsequently imprisoned – even though accused of non-violent offences. Although individual circumstances will differ, I do not believe the case can be made that they should all be jailed.

My belief is reinforced when I learn that – at their trials – one in ten remand prisoners are judged to be innocent of any crime, and a yet higher number are convicted – but sentenced only to a non-custodial sentence. The need for reform seems evident.

Other factors reinforce that judgement. Nearly one-third of remand prisoners are held longer than six months before trial, and an unlucky 5% for over two years. That is over 700 remand prisoners held for over two years, before quite possibly being found to be innocent. They not only lose their liberty but their reputation and their income too, which may well also punish their families. This cannot be acceptable. Nor is it the fact that, last year over one-third of suicides in custody were by people on remand. I do not think we can be proud of that.

PAROLE BOARD

Parole for prisoners found guilty of serious and violent crimes is inevitably contentious. In practice, the Parole Board deals only with a minority of prisoners ‒ less than 10% ‒ and decisions “for” or “against” their release or transfer to an “open” prison can be complex and controversial.

Thirty years ago, a House of Commons Select Committee advised that “release should be an entirely judicial decision ‒ independent of the Executive”. Although this was initially resisted, Parliament did subsequently accept that principle and ‒ in my view ‒ rightly so.

Prisoners also gained the right to present their case for parole to the Board. This ended years of parole decisions taken in secret as a result of evidence that was never challenged. That was an approach which honoured neither democracy nor equity, and was a blot on our system. The present more open system does ensure that decisions are taken after a proper presentation of arguments. This seems to have been effective.

One quarter of those considered for release by the Parole Board were successful. Of those, only 1 in every 200 prisoners released re-offended within the next three years. This would suggest that the Parole Board is not a bunch of gullible “softies”.

Over the years, the Parole Board has evolved from its modest beginnings in the 1960s: with only a handful of Board members, no hearings to consider evidence, and with the final decision being taken by the Home Secretary. Today, the Board ‒ nominally at least ‒ is independent of Government, and has amassed years of experience and expertise, enabling a level playing field for decisions upon release, without the hype and pressure that would be bound to accompany political involvement.

In the thousands of decisions to be made each year, there is no way that Ministers could possibly match the experience and knowledge of the 350 Parole Board Members. It is therefore surprising ‒ and worrying ‒ that, over the last year, recommendations by the Parole Board to transfer prisoners to an “open” prison have suddenly, and sharply, been rejected by the Justice Secretary.

In 2021-22 – 94% of the Parole Board recommendations were accepted but, thereafter, that fell to 11%. It is hard to believe that does not result from an unannounced change of policy that is instituting a harsher regime.

VICTIMS AND PRISONERS’ BILL

The victims of crime have long needed more support than they receive, and there are elements of the proposed Victims and Prisoners’ Bill that are eminently sensible – and long overdue. As I understand it, the Bill was originally intended to cover the interest of victims only, and the prisoners’ element is a late addition. I believe this addition is a political misjudgement that may put much needed reforms at risk, and will come to that in a moment.

I welcome the proposal to enshrine the Victims’ Code in Law, which should ensure that greater support is delivered. But, if theory is to become reality, funding will be needed for specialist support and, thus far, there is no evidence that this will be provided. I can only hope the Justice Secretary has secured agreement for funding from the Treasury, or the Bill will fail to meet its purpose.

I understand that the former Justice Secretary sought the power to veto decisions made by what is allegedly the independent Parole Board, to release prisoners convicted of serious crimes. The problem with this is that I do not see how (or why) the Justice Secretary would be able to reach a more just decision than the Parole Board.

Any single Government Minister – however able or well-meaning – would be far more vulnerable to public campaigns and, under pressure, to make a harsher decision to appease them. This is a very slippery slope. I do not think that any politician should have that power, and I hope the new Justice Secretary will reconsider or – if he does not – that Parliament will deny it.

IPPs

There is one area of the penal code that is over-ripe for action to correct legitimate grievance. Until 2003, the only indeterminate sentence available to Judges was a life sentence, which was only for the gravest of offences. But, that year, the Government introduced a new concept: that of indeterminate imprisonment for public protection – so-called IPPs. It was intended for people considered “dangerous”, but whose offence did not justify a life sentence.

It passes a minimum tariff but offers no stated maximum. Release could only be authorised by the Parole Board. It seems that this scheme went wrong from the outset. It was applied far more widely than expected (or intended), with lower level offenders receiving this harsh sentence.

The number of IPP cases far outstripped expectations, and amendments to the legislation were approved by Parliament in 2008. But shortcomings remained, and the power to issue IPP sentences was abolished in 2012. But – and it is a BIG “but”: when it was abolished, no action was taken to determine a just ‒ and definitive ‒ sentence for the prisoners already serving for an indeterminate time. This was an extraordinary omission, which remains the case eleven years after abolition.

Nearly 3,000 offenders, still imprisoned – including those who have never been released and those recalled back to custody – were sentenced to a minimum term of imprisonment, but not a maximum. They are all serving sentences that have extended years beyond their minimum tariff and – without Ministerial action – may never end. This is soul destroying for prisoners and their families, and is emphatically not justice.

I believe that, without any further delay, justice should be served by Government agreement to the Justice Committee’s recommendation of a re-sentencing exercise – backed by the establishment of an expert committee to guide on the practicalities – for everyone still serving an IPP sentence.

* * * * *
I was brought up to believe that we, in Britain had one of – if not the – most just and civilised penal codes in the world. Some of what I have learned in preparing this speech has truly shaken that belief. People who commit crimes have deservedly forfeited much but ‒ in our country ‒ not, I hope, the right to be treated fairly.

There are many good causes that attract support, and hundreds of thousands of activists plead the case they most care about. But it is not so easy, or attractive, to plead for people who have committed crimes, and are responsible for their own misfortune. They do not so easily attract sympathy.

Nor, very often, is it politically comfortable for “active” politicians to plead for convicted criminals. In the rough and tumble of politics, compassion and consideration can too easily be derided as “soft” or “weak” – terms which can define as well as defame. It has ever been thus.

In many ways, it is odd to plead for a more empathetic penal code on the site of Newgate – one of the most notorious prisons in our long national history. But views evolve. In pre-Christian days, prisons were not a place of lengthy incarceration but merely of safe custody until a more savage sentence than loss of liberty could be carried out. Those days, thankfully, have gone.

In Saxon times, prison was occasionally used as a means of punishment and – by the 13th Century – to facilitate a sentence of life imprisonment imposed by the Church, which was unable to pass a harsher punishment. It was when offenders defaulted in payment of a forfeit to the Crown that prison became a convenient inducement to pay ‒ and then became of wider use as a punishment.

I have argued that its use needs to evolve further if it is to become a better instrument to deliver justice and reduce crime. So, let me summarise my concerns:
  • We over-use prison and under value alternative sentences;
  • too many vulnerable people ‒ including the mentally-ill – are jailed;
  • education and rehabilitation in prison is inadequate;
  • much of the Prison Estate is out of date and unsuitable;
  • too many accused are remanded in prison pre-trial;
  • the Justice Secretary should not remove powers from the Parole Board;
  • IPP prisoners should be re-sentenced.
These practices, these problems have grown up over many governments. In my layman’s view, it is time they were addressed – and put right.

Sir John Major KG CH

Saturday, 1 April 2023

Latest From Napo 233

Here we have the second part of the bumper Napo mailout to members this week:-

Victims and Prisoners Bill


It’s difficult to believe that a Secretary of State for Justice could have less of a basic grasp of the criminal justice system than Liz Truss but the current incumbent seems determined to prove us wrong.

The latest proposals in the Victims and Prisoners Bill are the usual offerings of bluster, ignorance, headline-grabbing and distraction from Ministers fresh from a humiliating and entirely foreseeable defeat at the High Court in relation to the so-called Secretary of State’s Single View as regards the parole process.

The Government’s reported commitment that “victims’ voices will be cemented at the heart of the justice system” ring hollow given the Secretary of State and his political party have fought to ensure that statues have greater protection under the criminal justice system than some of the most vulnerable people in our communities. The lengthy list of failures of this Government and its predecessors from 2010 in relation to the victims of crime is the obvious consequence of their assaults on the criminal justice system, be it through the starvation of public services under ‘austerity’ or the repeated – and fascistic – comments by Ministers that question the legitimacy of the Courts and members of the legal profession. While the Secretary of State claims to want “to ensure dangerous offenders face the strictest scrutiny” it remains the case that he and others have presided over the wholesale devastation of large parts of the criminal justice system in their thirteen long years in power.

In relation to the parole process the bill is to include the following measures:-
  • Enshrining a new release test for the Parole Board into law, leaving no room for confusion over whether public safety should be the only priority when making release decisions
The evidence, from their botched interference in the parole process last year, suggests the only confused person as regards the ‘release test’ is the Secretary of State for Justice. Unfortunately they’re also the person with the power to inflict further havoc through their ignorance on others in the criminal justice system.
  • Creating a new tier of the most serious offenders including murderers, rapists and terrorists and giving the Justice Secretary the power to veto the release of those offenders in the interest of public safety. It will also be available in cases where the Parole Board cannot confidently decide the release test has been met.
While a more detailed examination of the provisions of the Bill is ongoing it’s apparent that this represents a further attempt by the Secretary of State for Justice to engage in a power grab and undermine a fundamental power of the Parole Board, similar to what we saw by their behaviour last year. Given what we know of their intentions it’s apparent this is a means to increase their own control over a part of the criminal justice system while trying to generate favourable headlines in the right-wing media, especially given the likelihood of a further legal challenge to these provisions through the domestic Courts or the European Court of Human Rights.

There is current evidence of the chaos the Secretary of State has created with their political interference in relation to the overcrowding of prisons, contributed to by the refusal of the Secretary of State to accept the vast majority of Parole Board recommendations for progression to ‘open conditions’. If they receive powers to veto release it’s clear, from their past behaviour, that they will use this enthusiastically and in doing so increase the prison population.
  • Making it a legal requirement for ex-police officers and detectives to sit on parole panels for these ‘top-tier’ cases. Their first-hand experience of managing serious offenders and the risk they pose will help place an even greater focus on public protection in parole hearings.
With respect to those Police Officers who have a role in managing individuals in the community subject to MAPPA, it’s an ongoing grievous insult to Probation staff to suggest that we do not have the greatest level of expertise, training and experience to “manage serious offenders and the risk they pose”.

Members will be aware from significant media coverage, especially in recent months, of the extent of serious misconduct – including the commission of sexual and physical abuse of vulnerable members of the public – by a minority of Police Officers in England and Wales. The Secretary of State must provide assurances to the public that any ex-Police Officer who is a Parole Board member – including those currently appointed – are subject to the most stringent vetting possible, involving an examination of any prior allegations of such misconduct during their time as a serving Police Officer, to properly assess that they are entirely suitable to fulfil this crucial role.

In the coming weeks and months Napo will work with those in the Justice Unions Parliamentary Group, as well as other campaigning organisations, to inform the Parliamentary debates on this Bill and make clear our opposition to the plans of the Secretary of Justice in this regard. We will keep you updated with this work as it progresses.

Wednesday, 29 March 2023

Election Campaigning

Yet more depressing news as a disgraced government facing almost certain electoral defeat at the forthcoming general election continues to throw everything at stoking public ire and fear. This is not going to be good for the cause of rehabilitation or ultimately the protection of the public of course. This from the BBC website:-  

Ministers can veto prisoners' parole in Victims and Prisoners Bill

Ministers will be able to block the release of some prisoners and stop others getting married under new plans to overhaul the parole system. The idea is among measures in its Victims and Prisoners Bill, which is aimed at giving greater rights to victims of crime in England and Wales. 

Ministers promise to make it easier for crime victims to get justice. But critics fear efforts to improve life for victims will be lost in a bill which also combines parole reform. Some victims of crime, especially of rape and sexual assault, feel that the criminal justice system has let them down as investigations are slow, and information scarce. Many do not make it to court. Those that do face further delays. Now the government is promising new legislation to allow victims to be kept informed, and also to challenge decisions.

The plan for a ministers' veto on some parole decisions follows the releases of double child-killer Colin Pitchfork, who was recalled to prison within months of being released, and black cab rapist John Worboys, which the government says have shaken public confidence in the system. It will mean ministers can veto recommendations to release criminals including murderers, rapists and terrorists, the government said. Bids for freedom could be blocked on multiple occasions up until the end of a sentence.

Justice Secretary Dominic Raab told MPs that public protection would be the "exclusive focus" of the Parole Board decision-making process under the reforms. The changes are in an effort to "stop a balancing exercise taking into account prisoners' rights", the Ministry of Justice said.

Mr Raab said: "Our reforms will improve the experience for victims from the first meeting with a police officer to the support they get in court. and we will refocus the parole system on its overriding duty to protect the public from violent and sexual criminals." 

He acknowledged that the Parole Board did not like the changes, but he said he wanted to take the parole process in "a different direction" with the emphasis on public safety. Those serving whole-life orders will be banned from marrying behind bars. These plans also follow an attempt by serial killer Levi Bellfield to marry in prison, and reportedly making a bid for legal aid to challenge the decision to block his marriage.

The 54-year-old is serving two whole-life orders for killing 13-year-old Milly Dowler, Marsha McDonnell and Amelie Delagrange, as well as the attempted murder of Kate Sheedy.

The bill will also:
  • give ministers the powers to demand more inspections of the police, probation and prosecutors if they aren't acting in the interest of victims
  • simplify the process for victims making formal complaints
  • boost the role of the victims' commissioner by requiring criminal justice agencies to publicly respond to their recommendations and set out the rationale for accepting or rejecting them
  • explicitly designate children born as a result of rape as victims in their own right, making clear that they are entitled to access support services and information on their case
  • create a new Independent Public Advocate which will work in the aftermath of major disasters like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire.
Labour said it had been eight years since the Conservatives first promised this bill, "and now they've had to combine it with parole reform". "Yet again, the Tories overpromise and underdeliver," said Labour's shadow victims minister Anna McMorrin. "Victims are now waiting years for a trial because of record court backlogs, with criminals getting off scot-free at a record rate. Rape victims are suffering on average for three years as they wait to hear their case in court."

Diana Fawcett, chief executive at Victim Support, said the charity welcomed many of the measures in the Bill "which will make a real and meaningful difference to the experience of victims". "But we are seriously worried that expanding its scope to include prisoners will be a distraction and delay it even further." 

The End Violence Against Women Coalition (EVAW) said women and girls' confidence in justice agencies was at an all-time low because of their "persistent failures towards victims and survivors of rape, sexual violence and domestic abuse", and said it was concerned the Bill "will not transform victims' experiences without significant changes". It said there was a "glaring absence of funding" in the bill and said it was concerned it was "creeping away from its intended aim of improving victims' experiences".

Director Andrea Simon said: "Recovery is an essential part of justice, and we need to ensure every survivor who needs help can access specialist support that is tailored to their needs" - but said we were a "long way from that being a reality".

A Parole Board spokesman said: "Public protection has always been, and will always be, at the heart of Parole Board decision-making, which is based on the evidence and the law. We are committed to working with the ministry and Parliament to ensure this important legislation receives the consideration that it richly deserves."

--oo00oo--


Victims placed at heart of justice system under radical shakeup

Victims’ experiences to be transformed through new Victims and Prisoners Bill.

Victims’ voices will be cemented at the heart of the justice system following an overhaul of legislation which will put the principles of the Victims’ Code on a statutory footing and toughen the parole system.

The Victims and Prisoners Bill introduced today (29 March 2023) will fundamentally transform victims’ experience of the criminal justice system. Legislation will enshrine the principles of the Victims’ Code in law, give ministers powers to direct the inspection of justice agencies that are failing victims, and create better oversight of those agencies.

The parole system will also be overhauled allowing ministers to block the release of the most dangerous offenders including murderers, rapists, and terrorists - putting public protection back as the overriding focus of the parole process. The bill will also legislate for a new release test for the Parole Board making it clear that public safety is the only priority when making release decisions – to stop a balancing exercise taking into account prisoners’ rights.

The new legislation will also stop prisoners serving whole-life orders from marrying or forming a civil partnership in prison. This will deny these criminals the important life events they stole from their victims while ensuring their horrific crimes are treated with the seriousness they deserve.

Deputy Prime Minister, Lord Chancellor and Justice Secretary, Dominic Raab MP, said:
Our reforms will improve the experience for victims from the first meeting with a police officer to the support they get in court. and we will refocus the parole system on its overriding duty to protect the public from violent and sexual criminals.
The Victims and Prisoners Bill will put the principles of the Victims’ Code on a statutory footing meaning that where appropriate victims will have a right to:
  • Challenge decisions which directly impact them, for example getting the CPS or police to review why their case has been dropped in the most serious cases like rape and domestic abuse
  • Receive information to help them understand the criminal justice process, such as on claiming compensation, how their case is progressing and its outcome
  • Access vital support services such as Independent Sexual Violence and Independent Domestic Abuse Advisors
  • Have the opportunity to make their views heard, for example being able to ask to read out their Victim Personal Statements in court
When victims are failed, the changes announced today will give ministers the power to get the criminal justice inspectorates to jointly inspect prisons, police forces, courts the CPS and probation to drive improvements in how they support victims. The process for victims making formal complaints will also be simplified by removing the requirement for them to go through their local MP before speaking to the Parliamentary and Health Service Ombudsman.

The bill also bolsters the role of the Victims’ Commissioner by requiring criminal justice agencies to publicly respond to their recommendations and set out the rationale for accepting or rejecting them

Children born as a result of rape will also be explicitly designated as victims in their own right making clear that they are entitled to access support services and information on their case.

Justice Minister, Edward Argar MP, said:
We want victims going through the justice system to feel listened to, supported, informed, and to be treated fairly, properly, and with dignity.

Taken together, these measures will mean victims always know the level of help they should receive and always have somewhere to turn.
The government’s overhaul of the parole system follows high-profile parole decisions in cases like John Worboys and Colin Pitchfork that have shaken public confidence in the system.

The bill includes measures to ensure dangerous offenders face the strictest scrutiny including:
  • Enshrining a new release test for the Parole Board into law, leaving no room for confusion over whether public safety should be the only priority when making release decisions
  • Creating a new tier of the most serious offenders including murderers, rapists and terrorists and giving the Justice Secretary the power to veto the release of those offenders in the interest of public safety. It will also be available in cases where the Parole Board cannot confidently decide the release test has been met.
  • Making it a legal requirement for ex-police officers and detectives to sit on parole panels for these ‘top-tier’ cases. Their first-hand experience of managing serious offenders and the risk they pose will help place an even greater focus on public protection in parole hearings.
Justice Minister, Damian Hinds MP, said:
It is vital the public has confidence that murderers, rapists and terrorists will be kept behind bars for as long as is necessary to keep the public safe.

Our new laws mean Ministers can block the release of the most dangerous offenders and will ensure public safety is always the primary factor in parole decisions.
The bill will also create a new Independent Public Advocate (IPA) which will work on behalf of families and provide dedicated support in the aftermath of major disasters like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire.

The government will continue to engage with the victims of these disasters, the bereaved families and Parliamentarians to make sure that the IPA works to deliver accountability and ensure nothing stops justice happening again.

The bill builds on the wider government work to improve support for victims and ensure offenders pay back to society. Last year the Victim Surcharge, a financial penalty given to offenders on conviction which goes directly towards support crucial victim services such as rape support centres, was increased by 20% – providing an additional £20 million a year by 2025.

At the same time the government has committed to more than quadrupling funding for victim support services by 2025 compared to 2010, increasing the number of Independent Sexual and Domestic Violence Advisors (ISVA and IDVA) by 43% over the next 3 years taking the total to over 1,000.

The full list of measures included in the Victims and Prisoner Bill:

Victims’ measures
  • Enshrines the overarching principles of the Victims’ Code in primary legislation – to ensure the criminal justice system consistently delivers the entitlements in the Victims’ Code
  • Place a duty on criminal justice bodies and non-territorial police forces to take reasonable steps to promote awareness of the Victims’ Code. Supporting guidance will underpin this and provide recommendations on how bodies may fulfil this duty
  • Give ministers the power to jointly direct HM Inspectorate of Prisons, HM Inspectorate of CPS (HMCPSI) and HM Inspectorate of Constabulary and Fire & Rescue Service (HMICFRS, but only insofar as it relates to policing), and HM Inspectorate of Probation to inspect on victims’ issues to provide greater oversight and transparency over how victims are treated; and place a requirement on these inspectorates to consult the Victims’ Commissioner when planning their joint and individual inspections
  • Introduce a statutory duty on Police and Crime Commissioners, health and local authorities in England to work together when commissioning support services for victims of sexual violence, domestic abuse and serious violence
  • Introduce statutory guidance on Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs) setting out minimum expectations and best practice, to increase awareness and consistency of these roles
  • Place a duty on criminal justice bodies and non-territorial police forces to review their compliance with the Victims’ Code and collect compliance data which is intended to include information from victims on how they are supported
  • Give PCCs a greater role in overseeing local compliance monitoring of the Victims’ Code with the Victims’ Commissioner retaining national oversight
  • Improving accountability of criminal justice agencies by introducing a requirement for them to respond to recommendations in reports published by the Victims’ Commissioner, including a requirement to explain why they are accepting or rejecting a recommendation
  • Make it easier for victims to make complaints to the Parliamentary and Health Service Ombudsman (PHSO) by removing the need to go through an MP, where their complaint relates to their experiences as a victim of crime. The PHSO can handle complaints against public bodies including the Crown Prosecution Service, His Majesty’s Courts and Tribunals Service (HMCTS) and His Majesty’s Prison Service but excludes judges, magistrates and the police
  • Creating a new Independent Public Advocate (IPA) which will provide dedicated support and work on behalf of families in the aftermath of major disasters like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire
Prisoner marriage measure

The new legislation will also stop prisoners serving whole-life orders from marrying or forming a civil partnership in prison

Parole Board measures
  • Enshrining in law the expectation that the Parole Board will take a more precautionary approach. The wording in legislation will leave no room for interpretation and make clear that the only priority is whether a prisoner is safe to release
  • Greater ministerial scrutiny on the release of the most dangerous offenders, (murderers, rapists, terrorists or those who have caused or allowed the death of a child), including a new power to block their release in the interests of public safety
  • Changing the law to increase the proportion of Parole Board members from policing backgrounds, and ensure they sit on hearings for the most dangerous offenders
Measures already introduced to reform the parole process
  • Tightening rules around open prison moves so all indeterminate sentence offenders – those who have committed the most serious crimes, including murder and rape – face much stricter criteria to move from close to open prison 
  • Allowing victims, the public and media to request a parole hearing be held in public, so they can attend hearings and better understand how decisions over whether to release prisoners are made. The first public parole hearing took place in December last year
  • Launching a period of testing in the South-West of England allowing victims to attend parole hearings as an observer, ahead of a national rollout, which will put victims front and centre of the process. Currently, victims are limited to a statement shared with the Board explaining how the crime impacted on their life
  • Launching a campaign to at least double the number of Parole Board members from law enforcement backgrounds

Saturday, 11 March 2023

Operation Panic

Irrespective of 'Operation Safeguard' having been triggered and now operating in certain police areas, it's rapidly sunk in that even all 400 police cells aren't going to touch the surface of the impending crisis of prison capacity. It's generally regarded as safe and expedient to operate with headroom of around 1,800, but that has evaporated with talk of it being as low as 425. 

I'm getting news from a number of sources that a whole flock of chickens are coming home to roost for Dominic Raab at HMPPS and MoJ HQ. Due to his messianic desire to seek public approval for locking up more people for longer and not letting people either progress to open conditions or gain parole, HM Prisons are basically now full and there is an emergency plan being hatched for the rapid re-categorisation, ROTL or release on HDC of as many people as possible. 

So, an urgent call is due to go out to get as many suitably-qualified probation staff re-deployed immediately to crisis manage the task and urgently assist HM Prison Service with mass OASys re-jigging. This of course would somewhat make a mockery of all the 'protecting the public' rhetoric if the criteria are just 'adjusted' in order to make the prison population fit the space available. We have all been made aware that tragic consequences can flow from risk being adjusted to suit operational need. 

Emergency re-deploying a rumoured 5% of staff will also have a knock-on effect in terms of other work not being able to be undertaken. It will add yet more stress to an already struggling and under-staffed Probation Service with all the inherent effects that inevitably flow. There is very serious concern that should not enough volunteers be forthcoming, staff will be directed.  

--oo00oo--

This from InsideTime on 7th March regarding Operation Safeguard:- 

Operation Safeguard extends across the country

Emergency measures to hold prisoners in police cells when jails are full are being extended this week, the Government has announced.

Prisons Minister Damian Hinds told the House of Commons last week that Operation Safeguard will come into use throughout England and Wales from Monday, March 6. The move follows a surge in the prison population, which has risen by 1,700 since the start of January.

Police forces nationwide have been asked to set aside 400 police cells to hold prisoners on a short-term basis. On February 20, the cells began to be used in three police regions – North-East, North-West and Central. During the first week of the operation, 83 prisoners were held in this way. It is thought that most were remand prisoners, detained for only one night ahead of a court appearance.

Operation Safeguard was last used in 2008 under the then-Labour government. Today’s Conservative Government has pledged to build 20,000 prison places at a cost of £3.75 billion, to cope with a forecast growth in the prison population from the current level of 83,800 to an estimated 94,400 by March 2025. However, three proposed new jails are still awaiting planning permission, while prison governors are warning against any move to squeeze more prisoners into already-crowded existing jails.

Hinds told the House of Commons on February 28: “On Monday 20 February, the first Operation Safeguard places became available for use in the North-East, North-West and in the Central Police regions. As of Friday 24 February, 83 prisoners have been held in Operation Safeguard places in police stations in the North-East, North-West and in the Central Police regions and have since been moved into prison. On Monday 20 February, HMPPS gave the Police the required 14 days’ notice to activate Operation Safeguard in remaining regions (for use from Monday 6 March).

“HM Prison and Probation Service (HMPPS) has engaged with the National Police Chiefs Council and relevant forces frequently on Operation Safeguard, and before police cells were used to house prisoners HMPPS issued clear operational guidance to staff and partners, and remain in regular contact.”

--oo00oo--

On the same day Bob Neill MP sought clarification from Raab regarding his Parole Board meddling:-

Rt Hon. Dominic Raab MP 
Lord Chancellor and Secretary of State for Justice 

By email only 7 March 2023 

Dear Dominic, 

Thank you for your letter of 30 January following up your evidence to us in November. The Committee recently took evidence from the Prison Reform Trust (PRT) during which moves to open conditions for prisoners serving life or IPP sentences was discussed. I am writing to seek clarification and further information. In your letter of 30 January you stated that: 
In 2022-23 the Parole Board has made 261 recommendations for moves to open conditions, 13 of which have been accepted, with 218 awaiting a final decision, by Ministers (or an official with delegated responsibility). 
However, in a response to an FOI request made by the PRT, dated ten days earlier, 20 January 2023, the MoJ said: 
Between 140 recommendations for transfer to open conditions were considered by the Secretary of State (or his officials) between 6 June 2022 and 30 November 2022, with 109 rejected under the policy in place to 6 June 2022, and 17 rejected under the new policy introduced by the Deputy Prime Minister on 6 June 2022. 
14 recommendations for transfer were accepted under the policy in place to 6 June 2022 with none accepted under the new policy between 6 June 2022 and 30 November 2022, though recommendations made under the new test have been considered since that date. 
I would be grateful if you could set out the reasons for the different figures in the two responses. 

I would also be grateful if you could set out:
• How many spaces there were in the open estate, and how many of these were vacant (a) in the most recent period for which information is available, and (b) as at the start of 2022; 
• How many people serving a life or IPP sentence have committed a serious offence while absconding from an open setting in each of the last three years; 
• How many of the decisions taken in 2022-23 to date on whether to accept Parole Board recommendations for moves to open conditions have been made (a) directly by Ministers and (b) by officials, and which posts those officials hold. 
I would be grateful for a response by 23 March. 

Yours sincerely, 

Sir Robert Neill MP 
Chair Justice Committee

--oo00oo--

It's worth noting that such is the panic at MoJ HQ, Magistrates were quietly stripped of their increased sentencing powers yesterday. This from the Guardian:-

Magistrates ‘incredibly disappointed’ as sentencing powers scaled back

Powers had been doubled less than a year ago to tackle backlog in courts and cut prison overcrowding.

Sentencing powers for magistrates have been scaled back less than a year after they were doubled in an effort to tackle the courts backlog.

In May, the Ministry of Justice (MoJ) announced magistrates in England and Wales would be able to hand out jail sentences of up to a year for a single offence – up from the previous maximum of six months – as part of efforts to deal with the number of criminal cases waiting to be heard. But on Friday the government department confirmed the plan would be paused. Although it said the measures could be brought back in future if needed.

The Magistrates Association said it was “incredibly disappointed” at the decision – which it said was after efforts to cut prison overcrowding – and warned it would “slow down justice”.

The Criminal Bar Association (CBA), which represents barristers, previously criticised the plan and said it could increase the risk of people being jailed for short sentences, piling further pressure on prisons.

Last week, it emerged criminals could be spared jail to avoid adding strain on prisons that are almost full. Senior judges reportedly ruled courts should take into account overcrowding in prisons when deciding whether to jail criminals. It comes after the government announced plans – known as Operation Safeguard – to hold some prisoners in the north of England in police cells to try to cut “acute and sudden” overcrowding in jails.

The Magistrates Association said: 

“The extension of magistrates’ sentencing powers from six to 12 months is something we had long campaigned for as a vital means of ensuring speedier justice for all. It was succeeding – delivering faster results for victims, witnesses and defendants. This new statutory instrument is likely to slow down justice. It highlights the importance of a well-resourced justice system that can cope with the volume of cases considered by the courts. We have been assured that the pause is temporary, and we will be urging the government to restore magistrates’ extended powers as soon as possible. To not do so would further erode magistrates’ already low morale and may well result in resignations at a time when the government is actively seeking to boost the number of sitting magistrates. We await confirmation of a date for a formal review of the statutory instrument.”

An MoJ spokesperson said: 

“We thank the magistrates for all their hard work to help us bring down the backlog following the pandemic and ensure victims get the justice they deserve. Increasing their sentencing powers was one of many measures introduced to help address the impact of the pandemic on the criminal justice system, but we have always retained the flexibility for this to be changed as needed. We continue to make sure those who commit the most serious offences are put behind bars for longer.”

--oo00oo--

Finally, as mentioned above, the Judiciary have started taking the prison overcrowding situation into account as outlined in the following recent Judgment:- 

18. A further exceptional factor arises from the fact that the appellant was sentenced at a time of very high prison population. On 30 November 2022 the Minister of State made a statement in Parliament announcing Operation Safeguard. The Government thereby requested the use of 400 police cells to hold people who were remanded in custody or serving prison sentences in the adult male prisons. He explained that this was because "a surge in offenders is coming through the criminal justice system, placing capacity pressure on adult male prisons in particular." On 5 December 2022 Parliament was informed that it was not possible to estimate the duration of the protocol.

20. On 24 February 2023 the Deputy Prime Minister wrote to the Lord Chief Justice saying:-
"You will appreciate that operating very close to prison capacity will have consequences for the conditions in which prisoners are held. More of them will be in crowded conditions while in custody, have reduced access to rehabilitative programmes, as well as being further away from home (affecting the ability for family visits). Prisoners held in police cells under Operation Safeguard will not have access to the full range of services normally offered in custody, including rehabilitative programmes.". 
22. The judge in this case did not refer to this consideration, and he is obviously not to be criticised for that, given the chronology set out above. We have concluded that there were strong arguments for suspending the sentence in this exceptional case, for the reasons we have given. Any doubt we may have had on that issue is resolved by this additional factor which we do take into account in dealing with this appeal. This factor will principally apply to shorter sentences because a significant proportion of such sentences is likely to be served during the time when the prison population is very high. It will only apply to sentences passed during this time. We have identified above the starting point for the relevance of this consideration for sentencing, which we take to be the implementation of Operation Safeguard 14 days after 6 February 2023. Sentencing courts will now have an awareness of the impact of the current prison population levels from the material quoted in this judgment and can properly rely on that. It will be a matter for government to communicate to the courts when prison conditions have returned to a more normal state.

23. Accordingly, we quash the sentence of 6 months' imprisonment and substitute a suspended sentence order for 6 months' imprisonment, suspended for 18 months. Given the time which the appellant has spent in prison, we do not impose an unpaid work requirement. Nor do we impose any other requirements, given his satisfactory conduct during his 18 months on licence between July 2020 and January 2022.

--oo00oo--

Postscript

The Judgment is worth reading in full and particularly in order to take note of this:-  

7. There was no pre-sentence report, but there was a letter from a probation officer which stated that the appellant had complied fully with all aspects of his licence, had engaged well with all rehabilitative work, had completed sessions on consequential thinking, which enabled him to gain insight into behaviours and their impact, and had been polite, compliant and a pleasure to supervise.

17. However, in the present case, there is a realistic prospect of rehabilitation. With the exception of the present offence, the appellant's response to the sentence imposed in January 2019 has been very positive. By the time he was sentenced for the present offence, he had completed his licence period for the earlier offence and had received the very positive report from his probation officer to which we have referred. The judge said this:-
"I accept that there is a realistic prospect of rehabilitation, indeed on the face of it you have rehabilitated yourself."
Bravo!

Saturday, 4 March 2023

We're in a Bad Place

It's been a few days since I was last tempted to publish because to be frank there's so much to digest and reflect upon. There's no doubt in my mind we're in a bad place and everywhere you look it's utterly depressing for the cause of rehabilitation and common sense. Take for instance the continuing Monday night BBC2 series 'Parole' where amongst other issues, probation are conspicuously 'missing in action' or simply airbrushed out of the process - and what a process! I thought this comment put things rather well:- 

The Parole Board programme is more black comedy than fly-on-the-wall, positively Kafkaesque. The parole chair in the HMP Stocken case tells the applicant, who's already been in prison for 14 years (tariff), that he needs further testing in closed condition! In days gone by such a prisoner would have been in open conditions probably at the 12-year point.

I got no sense of an independent parole board in action in the programme - rather they come across as mere well-rewarded algorithms, rather than independents interested in truly balancing the risks. Not much mention either on what the prison system has provided by way of rehabilitation, above and beyond incarceration. You could run a better parole system by using real algorithms - and cutting out all the sanctimony, thus saving a few quid (21 million, on 2022 figures) on expenses for a useless quango.

Then there's the issue of probation senior management taking absolutely no responsibility for things and neatly alluded to in this comment:-  

I note that following criticism of MI5 in the report into the Manchester bombing, the Director General accepted responsibility on behalf of the agency for failing to protect the public! No individual spies were thrown under the bus and blame was accepted by senior managers, as it should be. Perhaps the same principles might apply in probation in the future. Then again, perhaps not.

And then we come on to politicians entering the fray with a general election in mind and votes to be garnered by stoking fears and concerns amongst the public, something well summarised by this contribution:-   

*****
It's a veritable Who's Who of characters, including royalty! who are clamouring to keep the killer in jail beyond the 13 years that would be the half-way point of his determinate sentence. I think you could bet your house on Raab referring this case to the 'independent' Parole Board. Sorry to have to use inverted commas, but it reflects my low confidence in the Board's ability to be guided by reason rather than political expediency. 

The legislation under which this can happen was originally intended only to apply to terrorists, but give the arm of retribution an inch and it takes a mile. The only argument deployable to keep him in prison is protection of the public and whilst this may be an easier argument to make regarding terrorists, it's somewhat weaker in domestic violence cases. 

It's perfectly understandable that relatives of murder victims never want the perpetrator released. However, no evidence has been cited to suggest he's a risk to the victim's relatives or the public. This is all about retribution: keep him in jail for another 13 years. 

The case could well open the floodgates to lots more applications to politicians to do the 'right thing'. We'll end up with more politicians kowtowing to popular outrage, whilst doing their reputations no harm. This campaign is a populist and cynical manipulation of criminal justice. In effect, it says no early release for killers and murderers. In fact, we are halfway down this road anyway, with Raab's veto on moving murderers to open prison conditions. We are going backwards.

--oo00oo--

The case referred to above is discussed in this article from the Guardian on 24th February:-

A man who killed his wife with a hammer is set to be released. With probation in tatters, who will protect us?

Joanna Simpson’s family are right to be worried – too many violent offenders slip through the cracks of a service that is there to keep us safe. Long before he killed her, Joanna Simpson’s husband had secretly dug what would become her grave.

The couple were separated and in the final throes of finalising their divorce when Robert Brown, a British Airways pilot, battered his wife to death with a hammer as their two young children cowered in a nearby room. Joanna, who had become frightened of her controlling husband, was only days away from what should have been the last court hearing to end their marriage. Brown buried her in a secluded corner of Windsor Great Park in a makeshift coffin he had prepared earlier, and then the following day called the police.

In court, he didn’t deny killing her, but claimed that he had temporarily “just lost it”. The defence maintained that he had suffered from an “adjustment disorder” brought on by the stress of the divorce, which had made him lose control but disappeared again shortly afterwards. There were gasps in the courtroom when the jury acquitted him of murder; the judge, observing that Brown had clearly “intended to kill”, and had prepared thoroughly beforehand, sentenced him to 26 years for manslaughter on the grounds of diminished responsibility. But, having served nearly half his sentence, Brown will be automatically eligible for release on licence later this year – unless Joanna’s family succeed in the campaign they’re launching shortly to stop that happening.

Suella Braverman’s announcement this week that police will have to treat domestic violence as a national threat, like terrorism, is a welcome move from the home secretary after a spate of disturbing, high-profile cases. But it also shines an awkward spotlight on what happens long after the police, courts and prison service have supposedly done their job.

Hetti Barkworth-Nanton, a friend of Joanna’s family and chair of trustees at the domestic violence charity Refuge, has pointed out that the organisation regularly hears from survivors “who don’t get told when perpetrators are coming out of prison, don’t get told when they get bail” and live in fear of their ex being released. Under Braverman’s reforms, domestic abusers should now be watched more closely; a pilot scheme could see offenders electronically tagged, banned from going near the victim’s home, or made to attend behaviour change programmes. People convicted of controlling or coercive behaviour will be subject to joint police and probation supervision on their release, as physically violent offenders would be. But as Nicole Jacobs, the domestic abuse commissioner for England and Wales, has said, it will work only if there’s the money to actually make it happen.

Prisoners freed early on licence are subject to conditions for the rest of what would otherwise have been their sentence, and can be recalled to prison if those conditions are broken; or they can be in theory, at least. In January, an inquiry revealed catastrophic failings in the case of Zara Aleena, a young law graduate from London murdered as she walked home from a night out by a man who had been released on licence only nine days earlier.

Jordan McSweeney had a history of violence towards women, had skipped probation appointments after his release, and had been recalled to prison two days before the attack. But McSweeney, wrongly graded “medium risk” instead of high, remained at large – and free to target at least five women before eventually settling on Zara. In his report, chief inspector of probation Justin Russell noted that the probation staff involved were shouldering unmanageable workloads because of unfilled vacancies, “something we have increasingly seen” in inspections of other local services.

A week earlier, the watchdog had identified failings in the case of Damien Bendall, a former cage fighter with convictions for violence who murdered his pregnant partner and three children while supposedly under supervision by the probation service. His case, this time wrongly graded low risk, was one of 10 being juggled by a probation officer who had yet to finish basic training.

In its annual report last year, Her Majesty’s Inspectorate of Probation found management of high-risk cases was, thankfully, improving, but the opposite was true for medium-risk ones, which make up the lion’s share of cases – including “tens of thousands of domestic abuse perpetrators” – and account for over half of homicides committed by people on probation. It’s the unglamorous, invisible and often underfunded cog in the justice machine. But without probation, everything else falls apart.

A recent change in the law gave justice secretaries the power to override automatic early release in cases where prisoners are still felt to pose a very high risk of harm, and make them serve the full sentence. But whether those powers are used or not, the vast majority of violent offenders will still be free one day. Society has an obligation to prepare for that moment diligently, giving victims and the wider public the confidence to live with a potentially terrifying prospect.

It’s always a leap of faith when a cell door is unlocked, and we’re all expected just to trust that overstretched prisons have still managed to achieve some kind of rehabilitation, or at least that if there’s any danger of a relapse someone will quickly step in. But without a properly functioning probation service, that leap of faith becomes just too big to make, and confidence in the rest of the system collapses. It shouldn’t be left to frightened individual families, fighting their own lonely battles, to make that point.

Gaby Hinsliff is a Guardian columnist

--oo00oo--

The Guardian published two letters in response yesterday:-

The probation service is in a desperate state

Experienced staff are leaving because of impossible workloads, writes Anne King. Plus a letter from Ellie Dwight.

Gaby Hinsliff’s article was correct to question how well the probation service is functioning (A man who killed his wife with a hammer is set to be released. With probation in tatters, who will protect us?, 24 February). Since starting my training as a probation officer in 1979, I have never seen the service so overworked and demoralised.

The disastrous “transforming rehabilitation” reorganisation in 2014 wrecked what had been a locally based and effective service, and reunification last year will not quickly undo the damage done over the preceding eight years, coupled as it has been with consistent underfunding.

In response to two reports by HM Inspectorate of Probation (HMIP), the government repeats statements on funding and recruitment. Neither is of use unless there are steps taken to halt the haemorrhaging of experienced staff, who are desperately needed to mentor new entrants and supervise the most dangerous offenders.

A justifiable fear among staff is that, in the event of such appalling crimes as those perpetrated by Jordan McSweeney and Damien Bendall, they can face disciplinary action. This is regardless of the impossible workloads they are struggling with, as referred to repeatedly by the HMIP reports. It is particularly invidious that it is always frontline staff who face these proceedings, while those responsible higher up the organisation and in government (Chris Grayling in particular) escape the scrutiny they deserve.

One positive step to reassure those staff desperately trying to do their best is a commitment from the probation service that no staff will be disciplined in cases where their workload is above the nationally recognised maximum. It is sobering to think that, according to a recent BBC article, this would cover 10 of the 12 probation regions in England and Wales.

Anne King
Lynton, Devon


I worked as a probation officer for more than 30 years before Covid brought my career to an abrupt end, aged 72. When I started, the probation “motto” was “advise, assist and befriend”. The service was far from efficiently run, but the emphasis was on rehabilitation and I believe what we did made a difference.

That all ended with Chris Grayling’s insane project of privatising something that should never have been for-profit. It is now all too easy to demonise the offenders – many if not most of whom have had horrific and damaging childhood experiences. As for risk assessments, it is all too easy to leap on these as needing to be watertight, when how can they be, given the complexity of human beings and the impossible workloads of probation staff?

Ellie Dwight
Stafford

Thursday, 19 January 2023

To Recommend Or Not?

Yesterday there was a Westminster Hall debate on the future of the Parole Board and given Dominic Raab's removal of Probation Officers being able to make recommendations, it clearly has important implications for the Probation Service.   

Graham Stringer (Blackley and Broughton) (Lab)

I beg to move,

That this House has considered the future of the Parole Board.

It is a pleasure to see you in the Chair, Mrs Murray. I come to this debate on the future of the Parole Board not as an expert in jurisprudence, or the theology of jurisprudence, but from my experience as a constituency MP and a member of the Science and Technology Committee. That Committee looks at, among other areas, how public bodies and Government Departments use evidence when coming to decisions. On 7 September 2022, the Science and Technology Committee had a really interesting session looking at the basis that the Parole Board had for making what are very difficult decisions, in many cases, about who to release on parole. I advise any interested person to read the transcript of that session.

Unusually, I want to start by thanking the Secretary of State for Justice. At the last Justice questions, I brought up the case of Andrew Longmire, also known as Andrew Barlow and previously, I think, as Andrew Seamark, a man who was given many life sentences, the last one in 2017, for rape. I asked the Secretary of State whether he would look into the matter, and he released a statement yesterday saying that he was asking the Parole Board for a reconsideration of that case. I am grateful to him for doing that. I am sure that the victims and the families of victims of Andrew Barlow who have contacted me are also grateful.

I would like to thank Neal Keeling, the Manchester Evening News journalist, who has written a number of stories about this case in that paper. Without those stories, I would not have known that Andrew Barlow was likely to be released, and neither would the families of victims and the victims themselves. I have had a large number of harrowing emails from people describing how their families and personal lives have been destroyed by this man and the multiple rapes he carried out over a period of time.

One of the issues in this case, which I obviously will not go into a great deal of detail about, is that Andrew Barlow was given his first life sentences over 30 years ago, and the progress on DNA analysis meant that the police went back on cold cases and found that he had committed two further rapes, so he was given two further life sentences. Amazingly, he said that he did not remember them. That factor should be taken into account in any Parole Board hearing. If the Parole Board wants to know whether people are remorseful and have changed their view, that is an indication of callousness. As many of the victims and their families who have written to me say, the man is a threat to them and to their families and should remain behind bars. I hope that the reconsideration leads to that.

Let me look at how the Parole Board operates and the decision taken by the Government immediately to change some of the process and carry out a full review, which was stimulated by the John Worboys case. There was a public outcry that he was going to be released. That case made many people think that there was something fundamentally wrong with the way the Parole Board was working. Following judicial review, the Court came to the view that

“the Parole Board didn’t do its job properly.”

That is an understatement of what happened. The Parole Board did not look at all the evidence and it did not look at the court decision properly when deciding that Worboys was going to be released. He was a category A prisoner, which means the Secretary of State thought he was a threat to society, but the decision was taken that he could apply for parole.

Liz Saville Roberts (Dwyfor Meirionnydd) (PC)

I congratulate the hon. Gentleman on obtaining the debate, and I rise to speak as co-chair of the board of the Justice Unions parliamentary group. In raising the John Worboys case, does he share my concern that particular emphasis was placed on advice from a psychologist and that advice from probation officers no longer includes recommendations? Although their advice is received, the issue of probation officer recommendations is a particular concern for the union Napo. Perhaps the Government should revisit the decision not to receive specific recommendations from probation officers.

Graham Stringer

I thank the right hon. Lady for that intervention. I know the trade union believes that recommendations should be made. I have read a lot of the arguments both ways—from the trade union and from the Government, as well as from many of the professional advisers. The case against what the right hon. Lady says is that when there is a recommendation, there is a temptation, for any human being, not to look at the evidence directly. The Parole Board should make its decision based on the evidence before it and its consideration of that evidence, rather than a recommendation. I also see the other side—what people who know the prisoner think, and considering what the probation officers think and recommend, which is important. It is a moot point, but I would not criticise the decision completely to take out recommendations.

Liz Saville Roberts

I agree that there is a debate to be had on the effect of that. Specifically, I hope the Minister will respond with respect to impact assessments following the change in procedure and the removal of recommendations from probation officers, particularly regarding black, Asian and minority ethnic prisoners and IPP—imprisonment for public protection—prisoners.

Graham Stringer

I ask the Minister to respond to that. Let me make a further point about the right hon. Lady’s intervention. The Science and Technology Committee was told in evidence—I think by Professor Shute; I hope I have that right—that when recommendations were made, it was rare to the point of being zero that the Parole Board went against the recommendation. That might or might not indicate that the Parole Board was not reading the evidence as it had been presented to the board. It is easy just to take the recommendations.

Let me turn to third parole case that, as a constituency MP, I spent a lot of time on a few years ago. Thirty years ago today, Suzanne Capper had a funeral and was buried after having been tortured for a week and murdered. I was not an MP 30 years ago, but it was in my constituency. She attended the school that I had attended many years before. It was a horrific case. Four people were convicted of her murder; three have been released, and one is up for parole. In the 1960s, the four people found guilty would have been hanged. I am against capital punishment, but I want the public to have confidence in the justice system. They were guilty of a crime every bit as horrific as the moors murders—Brady and Hindley were never released. Even though three of them have been released since I made representations to the Parole Board on behalf of Suzanne Capper’s mother, which were effectively ignored, I believe that one of the murderers should not be released.

When people learn that three of the murderers, and potentially a fourth, will be walking the streets of this country after that terrible murder, they will not think that justice has been done. I would like an assessment not just of how the Parole Board operates but of who is considered for parole. I do not think those murderers should have been. Although one cannot just use the general view that they should not be, I think there is a sense, when people such as that are walking the streets of this country, that justice has been undermined and has not been done.

Those three cases have brought me, as a constituency MP and as somebody who has been watching what has happened to the Parole Board, to consider that the Parole Board should be reformed in many ways. When the Science and Technology Committee took evidence, virtually all the witnesses said that the Parole Board previously operated in private—in secret. Sometimes it made decisions just on the papers in front of it, sometimes it listened to the criminal, and sometimes statements from the victims were read out. We all accept in court cases that justice must not only be done but should be seen to be done, but that has not been the case with the arguments the Parole Board considers. There may be a case for keeping some privacy, because victims and their families may be mentioned, but when a decision is taken to release back into the community somebody who has done appalling things, the public are entitled to know what the basis for that was and what the arguments and evidence were.

Liz Saville Roberts

I apologise for not making a speech today, but I am meeting Rhianon Bragg, whose case I raised in Justice questions. She has now received a letter of apology from the Secretary of State for Justice. Her medical, mental health details were given in a dossier to her abuser. She had previously applied to the Parole Board for his release hearing to be held in public, and that has been refused.

This mistreatment of a victim by the criminal justice system in itself warrants a public Parole Board hearing, because the public need to know why that happened. She has now been advised to apply to attend the Parole Board hearing in private but, frankly, this case is an example of it being in the public interest of justice for there to be an appeal procedure for the Parole Board. Far more Parole Board hearings should be in public, as the hon. Gentleman is calling for.

Graham Stringer

I agree with the right hon. Lady, and thank her for her intervention.

We do not only want transparency; there needs to be an examination of the statistics. We were told on the Science and Technology Committee that the percentage of prisoners applying for parole and getting it had gradually increased over the last 25 years from 10% to 30%—that is a huge change. My suspicion is that, even though it will not be down in writing, there is tremendous pressure on the number of people in prison. There is tremendous pressure on the costs; it costs a lot of money to keep somebody in prison. Somewhere in the background, without it being stated explicitly, there is pressure to get more people out, and that—probably—means that some people are being released into the community who are a risk to it.

The statistics on reoffending appear to be small. We were told on the Committee that in recent times 12 people have been released who have committed murder, and there have been a number of other serious crimes. As percentages, those are very low, but obviously those crimes are an absolute catastrophe for every family who has lost somebody to a murderer, and for the person who was murdered, and an indication that something has gone seriously wrong.

The Parole Board keeps for three years statistics on offences by people released on parole. When we questioned the chief executive of the Parole Board, we were told, “Well, after three years there is not a lot to learn, because Parole Board members may have changed and the process may be slightly different.” I do not accept that. Many of these prisoners are in for life, and the statistics that are kept should be kept for the whole of their lives, until they die of natural causes or go back to prison, so that we really know what is happening.

There was also a serious conflict of evidence between the Parole Board and some of the academic witnesses about how likely repeat offending was. According to the notes we had as Committee members, and what was said, there was a 25% reoffending rate for sexual offences against children who were non-family members. I have to say that the Parole Board did not accept that figure, but the academics were clear.

The other dispute over the evidence was that, in looking at the three-year period, many of the academics said that there is a curve showing that offending for certain offences was more likely the longer the period. Again, the Parole Board disputed that. If there are good records, these things can be verified factually; we should know what the answer is.

When it comes to the process of deciding whether somebody should be released, the Parole Board has limited tools. Psychiatrists and psychologists give reports. I say as a scientist, as well as a member of the Select Committee on Science and Technology, that sciences such as astronomy and many other branches of physics are predictive: we know where Saturn or Mars will be in 10 months, 10 years or 100 years.

Psychiatry and psychology are not predictive. The evidence before the Science and Technology Committee was that the psychiatric and psychological methods used for assessment were 20 years out of date, and that there were better ways to do it. Even with the better ways, there is no certainty around the risk of a prisoner reoffending. Even though the tools used at present are better, they are limited.

The second point is that statistically, given a series of factors, prediction is more accurate. On a statistical basis, it can be said that, given those factors, 2% of prisoners will reoffend, but we do not know which 2%. It is important to know the risk, but none of that gives a guarantee that a person will not reoffend. It is worth considering that against the background of the large increase in the number of people being released back into the community.

I have tried to stay with the factual basis of what the science says, what the science can and cannot do, and the practical mistakes made by the Parole Board. We heard very concerning evidence that a sex offender treatment programme increased rather than reduced the chance of reoffending. That programme should be looked at. There should be a clear definition of what is meant by public protection and how it is measured. In addition to that sex offender programme, there should be a proper assessment of all rehabilitation programmes and where they take place.

I have already mentioned that Worboys was a category A prisoner when a decision was taken to consider him for parole. We were told that he was not on his own. We were also told that it was almost unheard of 25 years ago for category C prisoners to be considered for parole, let alone categories B and A. That seems to be one reason for the increase in prisoners being released. The previous process of rehabilitation programmes in prison, with people moving down the category list into open prisons, is less common, although it has not been abandoned. There are certainly many exceptions to that rule. We did not hear any reasons why those exceptions had been made.

I have talked for quite a long time. These issues are important—I know our constituents consider them to be important—and very difficult ones. I refer people who think that the Parole Board can be objective to what I think is not a nice but a rather brilliant film by Stanley Kubrick, “A Clockwork Orange”. It has a different ending, incidentally, from that in Anthony Burgess’s book. Had he been alive, Burgess would have been at one time a constituent of mine; he was born and brought up in my constituency.

Alex DeLarge, the villain of the piece—a hooligan and rapist—goes through all sorts of psychological brainwashing processes to turn him into a model citizen. At the end of the film, when the establishment says, “This has worked; we have now turned Alex into a decent human being”, he turns round and winks at the camera. In a rather unpleasant way, that is a celebration of how the human spirit cannot be brainwashed and he, one guesses, is still the nasty person he was at the beginning of the film.

The Parole Board has a difficult job in assessing cases. It is a necessary job, but it has gone away from the standards of evidence and from being able to tell us that it has been thorough with the procedures. In two of the cases that I have brought up, the Parole Board has failed to tell the victims and families, and that should be an impediment to somebody leaving. The probation service wrote to me and said that it is difficult to find families 20 years later. It might be difficult, but if it uses the local press and tells people and is transparent, it might be a great deal easier to find members of families who have moved and changed their telephone numbers.

I am not saying that the Parole Board’s job is easy—it is difficult—but it has not been done as thoroughly and well as it could have been. People have been put at risk and potentially put at risk. The Government need to change the policy on the basis of the evidence and make sure that the public are secure by not allowing some people to get parole and by making sure that they are as certain as they can be that some other people pose no risk to the public.

Jim Shannon (Strangford) (DUP)

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Alex Cunningham (Stockton North) (Lab)

It is a pleasure to serve under your chairmanship, Mrs Murray. I congratulate my hon. Friend the Member for Blackley and Broughton (Graham Stringer) on having secured this hugely important debate to highlight the urgent challenges facing the parole system. Much of my speech will reflect and build on his concerns.

My hon. Friend mentioned the deeply distressing case of Andrew Barlow, formerly known as Andrew Longmire, and I echo his concerns. I, too, welcome the Lord Chancellor’s referral of the case back to the Parole Board for reconsideration that was announced yesterday; it is a testament to the hard work and campaigning of the victims. I also put on record my admiration for my hon. Friend and the vital work he has done, championing those victims’ cause in Parliament. As a former journalist, I also commend the role of the media in this particular case. However, it is totally unacceptable that the victims and their families did not receive the expected prior notification of Barlow’s planned release. Sadly, as highlighted by the hon. Member for Strangford (Jim Shannon), such failures are regularly repeated.

I am aware that the head of the Parole Board has expressed regret at the fact that some of Barlow’s victims were not informed, but that is simply not good enough. I note that when Sonia Flynn, the chief probation officer, gave evidence to the Science and Technology Committee last year, she confirmed:

“It is in statute that we must consult victims of serious crime on their view of release, and for them to also give our victim liaison officers a view regarding the protections that we need to put in place to reduce their concerns about that individual if the Parole Board does choose to release—particularly the obvious concern that they could bump into them in the street.”

It is deeply worrying that, even with a case as serious as this one, mistakes have been made.

I was horrified to learn that one of the victims, who still has nightmares three decades on as a result of the horror of Mr Barlow’s offending, only found out about his potential release, as we have heard, by reading the Manchester Evening News. We cannot allow our justice system to continue to treat victims as an afterthought. All of Andrew Barlow’s victims should have been signed up to the victim contact scheme and received communications from a victim liaison officer regarding how long he would be in prison, when he was up for parole and when he was likely to be released. They should have been told how to make a victim’s statement at the parole hearing. Such failings can retraumatise victims and seriously damage the public’s confidence in our justice system.

The Parole Board’s statutory purpose is to ensure that people who are dangerous are not released back into the community. It is a system designed to ensure public safety and to protect victims of crime, but after 12 years of Tory incompetence and chaos, our justice system is on its knees. Before the Minister uses the P-word, let me say that it was chaotic before the pandemic. Public confidence in the system is already near breaking point and with each further failing it gets closer to collapse. The Sentencing Council’s 2022 research report tells us that 45% of those surveyed were not confident in the criminal justice system’s effectiveness and 44% were not confident in its fairness. Does the Minister share my shock at those statistics? Public trust, efficacy and fairness of criminal justice are vital, or we will see fewer victims coming forward to report crimes and even greater numbers withdrawing midway through the process.

The 2019 Conservative manifesto promised to support all victims of crime and do right by victims, but the Government simply have not addressed these ongoing problems. How can year-long court delays and chronic staffing shortages from one end of the system to another contribute to a system that is doing right by victims? The Minister will not be surprised by my next question: when will the victims Bill come before the House?

It is clear to us all that the Government have completely lost their grip on criminal justice. Labour is the only party that can be trusted to deliver on law and order. We know that careful parole decisions are essential to reducing reoffending and its costs to society. Reoffending costs our society an astonishing £18 billion each year according to the Government’s own figures. Changes to the parole system introduced by the Government in June last year prohibit probation officers from giving a view or making recommendations to the Parole Board on progression or release of prisoners, thus removing an important element of professional expert knowledge from the process. In his evidence to the Science and Technology Committee, Martin Jones—CEO of the Parole Board—emphasised this expertise by saying,

“It is really important to make the point that we get evidence from prison and probation officers on whether a person is safe to be released or not, and work by the Ministry of Justice some years ago suggested that 90% of our decisions are in line with the evidence provided by report writers. That provides some evidence of consistency.”

In July last year, the three recognised Probation Service unions—Napo, Unison and the GMB—penned a letter to the Secretary of State with warnings about the serious consequences of the decision to prevent probation staff from making recommendations in written reports and oral evidence to the Parole Board under any circumstance. The ability to do so has long been a vital and valued part of the parole process. The unions warned that the decision 

“severely endangers the ability of the Probation Service to protect victims of the most serious offences, and indeed the wider public, from the risk of serious harm posed by many individuals involved in the parole system.”

It further de-professionalises this vital public service role, leading to staff demoralisation, and exacerbating the retention problems that the Probation Service already faces. Prison and probation officers work hard day in, day out to deliver justice, and yet again they have been dismissed, undervalued and let down by this Tory Government. Speaking to the Ministry of Justice last year, a senior probation official said:

“It is extremely difficult and very disappointing that the Parole Board is the last to hear about important decisions which strike at the very heart of the difficult decisions we are asked to make. It makes our members’ already difficult job close to impossible.”

In fact, Napo members raised concerns about having to supervise someone in the community who they would not have recommended for release. They talked about the extreme stress that could cause, as well as the increased risk of further serious offences.

I am interested to hear from the Minister why removing probation recommendations was not included in the root-and-branch review of the Parole Board, and why there was no prior consultation with all stakeholders before the changes were implemented. Napo is concerned that removing professional recommendations in parole will lead to inappropriate releases and the non-release of those who otherwise may have been granted parole. Will the Minister share what impact assessment has been carried out on that particular issue, and confirm whether the Government sought the views of the Parole Board itself about having to make release decisions without expert witness recommendations?

The changes allow for the Secretary of State to make recommendations. That happens only in the most serious of cases—around 150 of the 6,000 that the Parole Board deals with each year. The remaining cases will now have no recommendation given, which seems astonishing to me. I ask the Minister for further information on the so-called “critical few” cases that the Secretary of State will be involved in. Can the Minister share how many oral hearings have been attended by a Secretary of State’s representative in recent times? In how many of those oral hearings did the Secretary of State’s representative recommend no progression—either from closed or open conditions, to open conditions from closed conditions, or release on licence?

Public hearings, the other major change introduced last year, were consulted on via the root-and-branch review. My hon. Friend the Member for Blackley and Broughton mentioned that as well. Personally, I am in favour of increasing the transparency of such hearings. When done properly, they could help to improve public confidence in the system. I know there have been only a few public hearings since their introduction, but could the Minister provide an update on how they are running, and how much engagement there has been with them? I understand that a remote link has to be set up to allow viewing, so I assume the Government have some sense of how many people are attending.

Finally, our probation service is still reeling from the reckless transforming rehabilitation programme, a failed experiment in privatisation. That disaster proceeded because the then Secretary of State, the right hon. Member for Epsom and Ewell (Chris Grayling), failed to listen to the warnings of those with the wealth of experience and expertise. I sincerely hope the current Secretary of State does not make the same mistake with parole.

The Minister of State, Ministry of Justice (Damian Hinds)

It is a great pleasure to see you in the Chair and serve under your chairmanship, Mrs Murray. I congratulate the hon. Member for Blackley and Broughton (Graham Stringer) on securing this important debate. His speech was thoughtful, deliberative and balanced. He spoke in the light of some of the most appalling and horrific crimes, murders and rapes that we have known in our lifetimes. The thoughts of all of us in this House are with the victims of those terrible crimes and their families. Their loss—their tragedy—does not dim with time. As the hon. Member for Strangford (Jim Shannon) said, victims must always be paramount in the system. The system must work for them and must be seen to do so.

I am pleased to have the opportunity to speak about the vital and difficult role that the Parole Board plays, as the hon. Member for Blackley and Broughton said, in protecting the public by making decisions about the release of some of the most serious offenders in our system. It is critical that the parole system works as effectively as possible to keep the public safe. That is, and must be, the top priority. The hon. Gentleman mentioned the September hearing of the Science and Technology Committee, of which he is a member. I have read the transcript of that hearing and agree that it was important and useful. He rightly said that statistics are important, as is understanding the statistics. He also said, and he was right, that statistics can only ever take us so far, because a serious reoffence is the most complete catastrophe—I think those were the words he used—for an individual and their family.

He made a specific point about reoffending statistics. I want to clarify that under the probation serious further offence procedures, His Majesty’s Prison and Probation Service captures data on every serious further offence that is committed by an offender who has been released by the Parole Board, regardless of how long afterwards that serious further offence was committed. I will write to him with the data behind that.

As has been mentioned by Members, including the Opposition spokesperson, the hon. Member for Stockton North (Alex Cunningham), the Government conducted a root-and-branch review of the parole system, which was published last year. It set out our proposals for making further improvements. I will say a little about the measures that we are taking, as well as seeking to address some of the points that colleagues have made.

We have heard about the impact on victims when offenders are considered for release by the Parole Board. I pay tribute to the hon. Member for Blackley and Broughton for his unfailing support for constituents who have been so dreadfully affected by serious offending. These are difficult and deeply distressing times for them, and I want to apologise to any who have not received the service that they should have. Their experiences demonstrate why it is so important to ensure that they, and the victims of other terrible crimes, are properly supported.

To that end, I will explain the measures that we are taking to improve the way the victim contact scheme operates, particularly when it comes to tracing and working with victims of offences that were committed before the scheme was established. I hope my comments about the action that we are taking will reassure colleagues about how seriously we take these matters and that, despite the problems that sometimes regrettably occur, we do have an effective system for keeping victims informed about the parole process.

One of the Government’s priorities, as set out in the root-and-branch review, is to improve openness and transparency. We want to enhance public understanding and bolster confidence. It is clear that in all cases, victims need to be kept updated on what is going on in their case, and we are looking at ways to improve that.

Before I say more about our plans to reform the system, it might be helpful if I first briefly go through the legislative framework within which the Parole Board operates. The Parole Board’s purpose is to decide whether prisoners convicted of serious, violent or sexual offences, who are serving certain types of sentences, can be safely released into the community on licence. The sentences dealt with by the Parole Board include life sentences, indeterminate sentences for public protection, extended determinate sentences and the sentences of those who are recalled to prison for breaching the terms of their licence. When passing sentence, the trial judge will set a minimum custodial period, which the offender must serve in prison for the purposes of punishment and deterrence. Once the minimum period has been served, the Secretary of State is required to refer these cases to the Parole Board so that the prisoner’s suitability for release on licence can be considered.

That decision is about the offender’s current risk, having completed the part of the sentence that the judge has said must be spent in prison for the offences committed. The wording of the statutory test for release is clear. The Parole Board must not give a direction for a prisoner’s release unless the board is satisfied that it is no longer necessary for the protection of the public that the prisoner be confined in prison. When applying the public protection test, the Parole Board needs to consider whether there is a risk of serious harm. If release is directed, the Secretary of State must comply with that direction unless it appears legally flawed, in which case the Secretary of State has the power to ask for the decision to be reconsidered.

The Parole Board is an independent body with expertise in risk assessment. It takes robust and fully-evidenced decisions. The board takes public protection very seriously. In around three out of four of the cases that are referred to the board, it decides to keep the offender in prison for the protection of the public. Where the board does direct release, less than 0.5% of the people in those cases go on to commit a serious further offence within three years. Any serious further offence is, of course, a tragedy and is fully investigated. The vast majority of offenders released by the board do not go on to cause serious further harm.

The hon. Member for Blackley and Broughton raised the Worboys case. That awful case highlighted the need for improved transparency, especially for victims, about the reasons for a Parole Board release decision. As the hon. Gentleman will know, in 2018 we introduced decision summaries, which are now routinely provided to victims and others to explain why the board has directed a prisoner’s release. The case also highlighted the need for a better and easier way to challenge parole decisions if they can be shown to be flawed. That led to the introduction in 2019 of the reconsideration mechanism, which the Secretary of State uses in cases in which he considers that a release decision should be looked at again.

We intend to go further to ensure that the system is as robust as possible. The root-and-branch review set out key proposed reforms that aim to ensure that public protection is the overriding consideration for release decisions and to introduce additional safeguards into the system.

Graham Stringer

I thank the Minister for his kind remarks. Will he respond to the two points that I made in the area that he is considering at the moment? One was that there seems to be an unexplained and dramatic increase in the 25% of prisoners who, as he just mentioned, are being released. The other was that category A, B and C prisoners are also being recommended for parole, which was not previously the case.

Damian Hinds

I will respond to the hon. Gentleman on the precise numbers in correspondence, if I may. The important point is that every case is considered individually on its merits; that has to be at the heart of how the Parole Board goes about its business.

We will make the release test more prescriptive, so it is absolutely clear that prisoners should continue to be detained unless it can be demonstrated that they no longer present a risk of further serious offending. Secondly, for a top tier of the most serious offenders—I think that the hon. Member for Stockton North asked for clarification on what the tier consists of; it is those sentenced for murder, rape, causing or allowing the death of a child, and terrorist offences—we will legislate to give Ministers the power to refuse a release decision made by the Parole Board if they disagree with the board’s view that the release test has been met. That will provide an additional safeguard and, I hope, further reassurance to victims that for the most serious offenders, including murderers and rapists, there will be oversight by Ministers, who will be able to prevent release if that is considered necessary to keep the public safe.

Thirdly, we will legislate to ensure that the Parole Board’s membership includes more people with law enforcement backgrounds, who will sit on panels dealing with the most serious cases. Having more members who are, for instance, ex-police officers with first-hand experience of tackling crime in our communities and dealing with serious offenders will further enhance the Parole Board’s expertise in assessing the risk such offenders present. The measures that I have described will require primary legislation, which, to respond to the hon. Member for Blackley and Broughton, we will introduce at the earliest opportunity.

We have already taken other steps within the system to enhance public protection and increase confidence. For example, we have reformed the way indeterminate sentence prisoners are moved to open prison conditions, and Ministers can block such moves if they do not meet new, tougher criteria. Also, we have introduced a new system whereby Ministers can submit an overarching view to the Parole Board about release in some of the most serious and troubling cases before any decisions are taken. That ensures that it is made very clear to the board at the outset if there is a case where Ministers would be opposed to the prisoner’s release.

I return to the important issue of victims’ experience of the parole system, which is at the heart of the case that the hon. Member for Blackley and Broughton made, and the measures that we are taking on it. When offenders are being assessed for release by the Parole Board, it can be a very difficult and distressing time for victims. We want to improve the way victims are engaged in that process, give them additional opportunities to hear about what is going on, and make them feel and know that they have more of a voice.

The mechanism by which victims are kept informed about parole is the victim contact scheme, which is operated by the probation service. It was first established in 2001 and applies to victims of sexual and violent offending where the offender is sentenced to imprisonment of 12 months or more. Victims who have signed up to the contact scheme should always be notified when a prisoner is coming up for potential release.

Victims have a choice about joining the victim contact scheme. If they choose to join, they will be kept up to date with key developments, including prisoners’ parole reviews, parole decisions and release decisions, by a dedicated victim liaison officer. During parole cases, victims can make a victim personal statement to the board, setting out the impact of the offence against them, and they may read it aloud to the Parole Board panel if an oral hearing is convened.

Victims also have the legal right to make requests about licence conditions, including a no-contact condition and an exclusion zone that prohibits the offender from entering areas where the victim lives, works or travels to frequently. Victims can also request a summary of the Parole Board decision and, where the Parole Board has directed release, they can ask the Secretary of State to consider applying to the Parole Board for the decision to be reconsidered.

It should be noted that some victims choose not to sign up to the victim contact scheme. Understandably, they may seek to do what they can to put the events of the case behind them. If there is no response to a second and third invitation to join the scheme, the probation service will properly respect their wishes and not keep contacting them. Victims can, however, join the scheme at any time, even if they have previously said no. A system in which all victims are notified about parole releases would not be practical for a number of reasons. For example, as I have said, not all victims will want to receive information, and unwanted contact from the service could retraumatise them.

The scheme was set up in 2001. For cases in the system before then, in relation to the victims of offences committed many years ago, it does not operate retrospectively. However, in the most serious and notorious of cases, such as some of those that have been referred to in this debate, the probation service should ask the police, through multi-agency public protection arrangements —known as MAPPAs—for support with tracing victims. In the Andrew Barlow case, which the hon. Member for Blackley and Broughton talked about, the Greater Manchester probation region is working with Greater Manchester Police to trace victims of the offences that Mr Barlow committed in the 1980s and 1990s and invite them to join the victim contact scheme. I should also confirm that, as has been said, my right hon. Friend the Deputy Prime Minister and Secretary of State is applying to the Parole Board to reconsider its decision to direct Mr Barlow’s release on life licence. Probation victim liaison officers will keep victims in the scheme informed of progress with the application for reconsideration.

As for the measures we are taking to make further improvements, particularly to increase transparency and the information available to victims and others, we committed in the root-and-branch review to allowing victims to observe parole hearings for the first time. We also confirmed that we would change the rules to allow for public hearings in some cases. I know that that has come up this morning, and I will say a little bit about the progress that has been made on both those commitments.

Since October last, victims have been able to observe Parole Board hearings as part of a testing phase that is running in the south-west probation region. During the hearings, victims are supported by probation staff, who discuss the parole process with them and ensure that they are directed to relevant support. We are working closely with the Association of Police and Crime Commissioners to ensure that tailored local support services are readily available, should victims require. We recognise that it could be retraumatising for a victim to hear the evidence that is explored during a parole hearing, so we are initially conducting a relatively small-scale testing phase to ensure we get the processes and support arrangements right. My paramount concern is to ensure that victims can observe the hearing in a way that is safe for them while not compromising the Parole Board’s ability to conduct a fair and rigorous assessment of risk.

The hon. Member for Stockton North asked for an update on progress. During the testing phase so far, victims have welcomed the opportunity to observe hearings. Following their feedback, we are working to improve the process to prepare for its expansion across England and Wales.

Last year, having made changes to the Parole Board rules, we also saw the first public Parole Board hearing, which was in the case of Russell Causley in December. A second public hearing has been agreed by the board and will take place this year in the case of Charles Salvador, formerly known as Charles Bronson. These changes will help to improve public understanding and awareness of the parole process.

In the root-and-branch review, we also committed to reviewing the current guidance and requirements for providing victims with information about the parole process. Our review will identify areas for improving the information that victims currently receive through the victim contact scheme. We will ensure that, where victims have requested it, they receive effective, clear and timely communication about the parole process so that they are sufficiently informed as their case is progressed.

As part of the primary legislative reforms that I referred to earlier, we intend to require the Parole Board to consider written submissions from victims about the release of the prisoner. That will be in addition to the victim personal statement that victims are already permitted to make to the board. Again, that is about doing more to give victims a voice and an opportunity to put their concerns and views to the Parole Board.

I want briefly to cover a few other points that came up during the debate. The hon. Member for Blackley and Broughton raised the sex offender treatment programme. The SOTP was discontinued in the light of research evidence, and a new treatment programme has been introduced, which relies less on group work.

The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), who is no longer in her place, indirectly raised a couple of points—one of which was also raised by the hon. Member for Stockton North—about the important issue of what is in the dossiers that are brought to the Parole Board and the content that comes from different perspectives and analyses. They both asked about not having individual staff recommendations. Reports will continue to provide all the same information, evidence and assessments about the prisoner as they currently do, with the exception of a recommendation or review from the report writer. The reason for that is that it is the Parole Board’s responsibility to decide whether the prisoner is safe to be released or should stay in prison for the protection of the public, based on the entirety of the evidence received. The written reports, including those from prison, probation and psychology staff, and the questioning of witnesses at oral hearings, will continue to provide all the evidence the board needs to enable it to reach fully informed decisions.

Alex Cunningham

The point about the information staff provide and how confident they are that it is being shared is important. I mentioned that staff appear to be concerned that we are releasing prisoners they would never have recommended be released. What does the Minister have to say to them about the credibility of information that is before the Parole Board, and the confidence in the decision?

Damian Hinds

As I am sure the hon. Gentleman recognises, the situation he describes could have happened anyway. I reassure him and other colleagues that this is not a diminution of the information that goes into the risk assessment. All of that information is still there, and that totality of information will be considered in the round.

The right hon. Member for Dwyfor Meirionnydd and the hon. Member for Stockton North asked about the impact assessment on changes to the recommendation system. The right hon. Lady specifically asked about impact on minority ethnic offenders. I want to reassure them that that impact is being monitored, though it is too early to assess on a segmented basis. It is important that we keep such matters under review.

I hope I have been able to provide some reassurance that, through the actions the Government are taking, victims’ concerns and the protection of the public are at the heart of our vision for the future of the parole system. I am grateful for the opportunity to respond to this important, thoughtful and measured debate, and thank everybody who has taken part—in particular the hon. Member for Blackley and Broughton, who secured it.

Graham Stringer 

I thank the Secretary of State for applying for reconsideration, and I thank the Minister and right hon. and hon. Members who have participated in the debate, which I agree has been thoughtful. I hope it has brought to light some of the procedural failings of the past that need to be put right, and that there are worrying gaps in the information available, the statistics and the trend in those statistics, particularly the increase in the number of prisoners getting parole. There appears to be no obvious reason for that, and we need to understand it. Thank you for chairing the debate, Mrs Murray.

Question put and agreed to.

Resolved,

That this House has considered the future of the Parole Board.