A Parole Review can be a daunting process. For IPP and Lifers, the Parole Review process is very specific and may be complex. Our team of Prison Law Solicitors can help you through the process and ensure a fair application and review.
IPP (imprisonment for public protection) sentences are indeterminate sentences. They were typically given for those who have committed a serious or violent crime when their offence didn’t merit a life sentence.
Lifers, however, are people who were given life sentences. They will either receive a minimum term (or tariff) which dictates the least amount of time they must spend in prison or will have no minimum term and have no possibility of release.
Although IPP sentences are not technically for life, those serving may spend longer in prison than a standard sentence. Both IPPs and Lifers must undergo Parole Reviews before they can be released.
At Reeds, our solicitors represent those with these sentences when they are appearing before the Parole Board for either a Paper Review or at an Oral Hearing for a review of their detention to be considered.
If you or someone you know has an upcoming Parole Review, it is vital that you contact us immediately on 01865 592 670 or email prisonlawmb@reeds.co.uk. Alternatively, submit an enquiry here.
What Is a Parole Review?
A Parole Review is conducted by an independent body known as ‘The Parole Board’. The main role of the Parole Board is to conduct risk assessments that determine whether IPP and Lifers can be safely released back into the community without causing harm to themselves or others.
The Parole Board have a very specific test for release to determine whether it is necessary for the protection of the public that the prisoner remain confined in custody.
The Parole Board have a number options available to them including the following:
- To direct a prisoners release.
- To recommend to the Secretary of State whether prisoners should be moved to an open prison.
- To make no direction to release nor recommend a move to open conditions.
Is a Solicitor Needed for a Parole Review?
It is in the prisoner’s best interest to seek legal representation for their Parole Review. The Parole Board will always encourage the prisoner to seek legal representation. This is to assist the prisoner in making a fair application and so that the relevant challenges can be made by the Legal Representative at an Oral Hearing.
We can assist by presenting your case to the Parole Board in a professional manner and by cross examining the professional witnesses on behalf of the prisoner.
We can also assist by preparing the prisoner what to expect in terms of questions that the Panel may wish for them to answer during the course of the hearing.
Can People Still Be Sentenced to IPP Sentences?
No. IPP sentences were abolished in 2012, so nobody since then has been given one. However, people given an IPP sentence before 2012 may still be serving them. Therefore, people who are still serving these sentences are still required to have Parole Reviews for the Parole Board to assess the risk they would pose if they were released into the community.
Previously, those with IPP sentences had to wait 10 years for a review of the supervision element (licence conditions). Under the new law, they can now have a review of their supervision after three years. If the licence is not ended at the three-year limit, it will automatically terminate after two more years providing the offender is not recalled to prison in that time.
How Do Life Sentences Work in the UK?
There are different types of lifers in the UK. These are:
- Mandatory lifer: When the crime committed only has a life sentence e.g. murder
- Discretionary lifer: When someone has been sentenced for life as a maximum penalty for crimes such as manslaughter, attempted murder, rape, arson or robbery.
- Automatic, or two-strike lifer: When someone has been convicted of a serious crime for the second time.
- IPP: An indeterminate sentence given to serious offenders who posed a significant risk of serious harm to the public.
The Parole Process for all of the above is exactly the same. The prisoner will be eligible to apply for Parole at the tariff expiry date. If you are serving an indeterminate sentence, you will also be subject to a pre-tariff sift which could result in a transfer to an open prison 3 years before your Tariff End Date. This is dependent on the progress you have made during your sentence.
Can a Lifer be Released Early?
It is not possible for those serving life sentences to be released any earlier than their minimum term allows. Those serving life in prison will be given minimum terms to be served by the Court. The minimum term is set by the sentencing Judge at the point of sentence.
In some cases, however, the Court will issue a whole life tariff. This means those people will never be released from prison.
Once a lifer is given a minimum term and they reach that term, the Secretary of State will make a referral to the Parole Board, who will then conduct a review and assess the prisoners suitability for release. When a lifer is released from prison, they are still bound by a life licence. Breaching this licence can result in a recall to prison at any time.
What Happens at a Parole Review?
It is important that you contact one of our Solicitors before a Parole Review to represent you at the hearing. The Parole Board will conduct a Parole Review to decide whether you are eligible for release after you have served your tariff / minimum term.
They will review your behaviour and the risk management plan for release. In order to be released, the Parole Board must decide that the prisoner poses no threat to the public.
What Is a Tariff?
Both IPP and Life sentences are indeterminate sentences. This means that there is no set release date. When someone is sentenced to an indeterminate sentence, there will be a minimum amount of time they must serve in prison. This is determined by the court and known as a ‘tariff’.
After this tariff is served, the Parole Board will assess if release is possible during the Parole Review. Your Parole will then be reviewed at least every two years.
However, not all lifers will be granted a tariff. The sentencing judge may decide that a person should never be considered for release.
What Happens After a Parole Review?
Release for both Lifers and IPP is not guaranteed after a Parole Review. If the Parole Board deems someone unsafe for release, they may be held in prison for more time.
They can also consider that if they are not safe to be released yet, if their risk is at a reduced level that can be managed in open conditions. This is where the Parole board can make a recommendation to the Secretary of State that the prisoner should be moved. This is only a recommendation and needs to be confirmed by the Secretary of State in all cases.
If the Parole Board do deem it safe for the prisoner to be released, they will receive a life licence. This contains conditions that must be stuck to for the rest of their life. Violating these conditions could mean being recalled back to prison.
What Powers does the Parole Board Have?
Prisoners are entitled to submit written representations to the Parole Board in support of release. These will be added to the Dossier and considered at an initial paper review, which is carried out by a single member of the Parole Board, At this stage, the Parole Board have the power to make one of several decisions:
- They can direct release on the papers
- Conclude that the offender should remain in custody
- Defer/adjourn the review for further reports
- Direct an Oral Hearing
If an offender did not seek representation at the initial review, they can still instruct a solicitor for an oral hearing. This means that witnesses can be cross-examined on the Prisoners’ behalf.
Contact Us
We understand the emotional pressures and stress a Parole Review can bring. Our expert solicitors have considerable experience with Parole Reviews and will strive for the best possible outcome.
If you or someone you know is going to have a Parole Review, it is important you speak to one of our solicitors. Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlawmb@reeds.co.uk
