GovWire

Overview

The Parole Board is responsible for considering whether an IPP offender is suitable to have their IPP Licence terminated. This also includes offenders serving indeterminate sentences of Detention for Public Protection (DPP). This consideration can only happen once ten years has passed since the date of their first release on IPP licence. This decision is based on their risk of harm to the public.

From 1st September 2022, all Parole Board decisions to terminate or not terminate an IPP offenders licence will be subject to the reconsideration mechanism.

If the Parole Board decides it is safe to terminate the licence of an IPP offender the decision is provisional for 21 calendar days from the date the decision was issued (referred to as the reconsideration window). During this time an application can be made by the Secretary of State to have the decision reconsidered if it is considered that either:

• it contains an error of law;

• the correct process was not followed in the review of the case to terminate the licence for example, important evidence was not taken into account

• the decision was irrational or unreasonable the decision cannot be justified based on the evidence of risk that was considered

However, the Parole Board considers cases carefully so it will be unusual for a decision to change.

If a parole decision is not challenged within 21 calendar days it becomes final and the IPP licence must be terminated. This means that the offender will no longer be subject to licence conditions and the sentence will have ended.

In line with the Parole Boards aim for transparency, all reconsideration decisions will be published on BAILII at the conclusion of the relevant proceedings. Please note, any sensitive information will be redacted prior to publication, and decisions will not be published until after the conclusion of Parole Board proceedings.

Your right to raise issues

Victims and other interested parties can request that the Secretary of State for Justices Reconsideration Team consider making an application for reconsideration, if you think there is a problem with a parole decision.

The Parole Board will not be able to reconsider a case only on the grounds that a victim does not want the offenders licence to be terminated.

Speak to your victim liaison officer

If you have signed up to the Victim Contact Scheme (VCS), your victim liaison officer (VLO) can support you through this process.

If you decide to raise issues about the Parole Board decision they can help you to contact the Reconsideration Team and will keep you updated. Your VLO can also tell you about support services available.

Ask for the parole decision summary

When deciding whether to submit a request to the Reconsideration Team, you might find it helpful to read the Parole Boards decision summary in respect of the relevant case. The summary will explain how the Parole Board reached their decision, including risk factors and the offenders behaviour. You can request the decision summary by email via summaries@paroleboard.gov.uk.

Victims who are part of the Victim Contact Scheme should ask for the decision summary through their VLO.

If you are not signed up to the VCS you can request the decision summary by email via summaries@paroleboard.gov.uk.

Interested parties can also request Parole Board decision summaries in the same way, via the above email address.

How to request reconsideration of a Parole Board decision

You have 21 calendar days from the date the Parole Board decision is issued to submit your request to the Reconsideration Team.

1. Speak to your VLO they can explain the process.
2. Fill in Form CPD1: Request reconsideration of a Parole Board decision.
3. Email your form to the Reconsideration Team.

The Secretary of State must submit any application for reconsideration by 5pm on Day 21 of the reconsideration window. If you wish to submit representations, you should do so well before this deadline (preferably no later than 24 hours before) to ensure the Secretary of State can give full consideration to the points you make. Forms submitted close to the 5pm deadline on Day 21 cannot be fully considered and so cannot form part of an application, if there are grounds to make one.

Where to send the form

You should send your form by email to the Reconsideration Team as soon as possible. Your VLO might be able to email the form for you.

Email: reconsiderationrequests@justice.gov.uk

Confidentiality

If you decide to send a request to the Reconsideration Team your details will be treated with confidentiality. If the team decides there are grounds to make an application to reconsider the decision, this will be submitted in the name of the Secretary of State the offender wont be told that you personally raised issues about their parole decision.

What happens next

If the Reconsideration Team believes the decision should be reconsidered they will apply to the Parole Board within the reconsideration window.

If you have made a request to the Reconsideration Team, you will be informed whether or not they have applied to the Parole Board to reconsider the case.

If an application for reconsideration is made to the Parole Board

If the Reconsideration Team submits an application for reconsideration to the Parole Board, the termination of the offenders IPP licence will be put on hold.

The Parole Board will decide whether:

• the original decision was correct and the termination of the IPP licence should go ahead
• the case should be looked at again, which will mean there will be a new paper hearing, and a new decision will be made.

If the Parole Board finds that the original decision was correct but that it contained an error, they will note the error and confirm that the termination of the IPP licence should go ahead anyway.

If the case is looked at again:

If an application for reconsideration is successful, the Parole Board will look at the case again on paper (exceptionally the Parole Board may decide to proceed to an oral hearing).

However, if the case is reconsidered in this way, victims will have the opportunity to make another victim statement or to resubmit their original one. Your VLO will explain the timings and help you through the process.

The Parole Board could decide that:

• the IPP licence is terminated
• the IPP licence is not terminated
• the IPP offenders supervision should be suspended this means that the licence is still in force, but the offender will not have any active supervision
• the licence should be varied this is when the licence conditions on the IPP licence are changed.

Cases where the Parole Board decision not to terminate the licence of an IPP Offender

Where the Parole Board decides it is not safe to terminate the licence of an IPP offender, the decision will also be provisional for 21 calendar days (referred to as the reconsideration window). During this time an application can be made by the offender to have the decision reconsidered if it is considered that either:

• it contains an error of law;
• the correct process was not followed in the review of the case to terminate the licence - for example, important evidence was not taken into account
• the decision was irrational or unreasonable - the decision cannot be justified based on the evidence of risk that was considered

Where the offender decides to make an application, the process followed will be very similar to the above. If an application for reconsideration is successful, the Parole Board will look at the case again on paper (exceptionally the Parole Board may decide to proceed to an oral hearing).

If the decision is to be taken again, victims will have the opportunity to make another victim statement or to resubmit their original one. Your VLO will explain the timings and help you through the process.

As above, the Parole Boards new decision could be that:

• the IPP licence is terminated
• the IPP licence is not terminated
• the IPP offenders supervision should be suspended this means that the licence is still in force, but the offender will not have any active supervision
• the licence should be varied this is when the licence conditions on the IPP licence are changed.