The final post in this “Welsh Justice System” series focuses on the least comfortable element – prisons and prisoners – with the death penalty debate thrown in at the end for good measure.
Not everything relating to penal policy will be covered otherwise this would be twice the length and I’ve done enough already.
How parole and early release work now
Parole is where a prisoner is released before the end of their sentence “on licence”/on probation (Part XV). Parole usually only applies to prisoners serving a sentence of at least four years, who are contacted anything between 6 months to 3 years before their sentence is completed.
Prisoners serving less than four years are usually released halfway on licence/probation.
Decisions on whether to grant parole are down to the Parole Board – made up of a selected panel of at least 3 members – who decide if it’s safe or suitable for a prisoner to be released or moved to an open prison. They’ll take into account factors such as the prisoner’s behaviour, probability of reoffending/being a danger to the public, medical and psychiatric evidence and their plans on release.
The victims of a crime will be notified if/when a prisoner is being released if they request to be told. Failure to comply with the probation conditions usually results in a recall to prison to either serve a fixed amount of time (usually for shorter sentences) or serve the remainder of their sentence.
If parole is denied, a prisoner can either challenge the decision or – if they’re serving a long enough sentence – wait for their case to be reviewed in two years. The decision can be made with or without a hearing.
The UK Government plans to require everyone serving sentences of more than 4 years to serve at least two-thirds of their time, while the Scottish Government – as mentioned in a previous part (Part XIV) – are considering cutting the early release point to one third.
Early release for other reasons is quite rare. It could be because of an unlawful conviction/miscarriage of justice or on compassionate grounds (such as a terminal illness).
Some prisoners – like those who receive a whole life order because the crime is deemed serious enough to warrant it – are not eligible for early release under any circumstances. Someone serving a mandatory life sentence usually has to serve at least 25 years before being eligible for parole.
Parole options and independence
Some things could remain relatively unchanged:
- Parole and early release decisions could be made by a Parole Board, with the option for both distant and in-person hearings.
- The conditions for release/release on licence/probation could remain largely unchanged (Part XV).
- Victims could still request to be told when a prisoner is to be released.
- The minimum terms for mandatory life sentences could remain unchanged.
- Whole life orders could remain for “the worst of the worst” – those who would in previous times have been eligible for the death penalty (more on this later).
- Release on a temporary or permanent basis on compassionate grounds can be maintained, though maybe with clearer guidelines.
As for possible options for changes:
- If we decide that all prison sentences less than two years in length are automatically suspended, then offenders who breach suspended sentence conditions wouldn’t be eligible for parole.
- “Tough on Crime”: We could either keep halfway release for sentences under four years or ensure that all prisoners serving sentences of any length (except mandatory life sentences or whole life tariffs) serve at least two-thirds of their sentence.
- Half-way: Prisoners serving sentences of any length (except mandatory life sentences or whole life tariffs) serve at least half of their sentence before being eligible for parole/release on licence.
- Follow Scotland: Prisoners serving sentences of less than four years for non-violent offences could be released on licence after a third of their sentence.
- No Early Release: All prisoners serve their sentences in full – though this may not provide enough of an incentive for them to change their behaviour in prison.
- Good Behaviour Only/Circumstantial: Only prisoners who’ve demonstrated remorse, commitment to deal with personal issues/criminal behaviour, undertake necessary treatment and keep their noses clean in prison become eligible for a parole hearing based on the assessment of prison and probation officers. This could mean different prisoners become eligible for parole at different points in their sentence.
