Thursday, July 13, 2023

Mark Lyttleton: Concern Over Changes in Parole Eligibility Criteria

 

Mark Lyttleton is a business mentor, angel investor and long-time advocate of the Prison Reform Trust. This article will look at changes to parole eligibility criteria for prisoners serving IPP or life sentences and concerns over their implications.

Peter Dawson, director of the Prison Reform Trust, gave evidence to the House of Commons Justice Committee on 28th February 2023 as part of its ongoing enquiry into the prison workforce. Following the meeting, Sir Bob Neil MP, chair of the House of Commons Justice Committee, wrote to the Justice Secretary, requesting further information on the recent changes to eligibility criteria for prisoners serving IPP or life sentences to transfer to open conditions.

The letter evidenced what the Prison Reform Trust’s previous Freedom of Information request revealed: a significant change in the likelihood of the Ministry of Justice approving the transfer of prisoners to open conditions following a positive recommendation from the Parole Board. The letter also suggested that this change predates the formal alteration of Parole Board rules on 6th June 2022.

In a report published on the Prison Reform Trust website, Peter Dawson suggested that this discovery was important. He indicated that the policy basis for such dramatic change before the new rules came into force seemed to the Prison Reform Trust to be ‘pretty meagre’. Mr Dawson reflected that it really boiled down to the Justice Secretary using a ‘more precautionary approach’ in the Root and Branch review and public statements.

Peter Dawson said that the letter also confirmed what the Prison Reform Trust had assumed from earlier Freedom of Information requests, namely that the Secretary of State had only been personally involved in cases where officials had suggested that a recommendation from the Parole Board should be accepted. Given that so few cases have produced that result, it seems that responsibility for interpreting precisely what a ‘more precautionary approach’ really entails may have been left to senior officials with delegated authority to reject cases without consulting the Secretary of State. Peter Dawson highlighted that these changes occurred out of the sight of the prisoners concerned and their legal representatives.

The Prison Reform Trust expressed concern that these changes had taken place without the involvement or knowledge of either Parliament or the Parole Board. The organisation suggested that a very substantial change in practice had occurred on the basis of a three-word description of the policy, before a change in Parole Board rules had been m
ade to flesh out and give statutory force to what those words might mean.