Oral Panels
Where a life prisoner has completed his tariff (the punishment part of the sentence) the reason for his or her continuing detention is based on risk and risk alone.
It is as a result of this process that a life prisoner can find himself appearing before an Oral Panel of the Parole Board, held at the holding prison.
The procedure is much the same as in the section on this site regarding paper panels. The dossier is disclosed and the time at which this must be done is six weeks prior to the Hearing. This rarely happens and expert advice is needed from specialist solicitors to assist with this part of the process.
Following the case of Stafford arrangements have changed in respect of dealings the Home Office and Parole Board have with life prisoners.
All cases are now being referred to what is called "the sift". This is where a single independent Parole Board member considers a case. If, for example, a life prisoner is looking at release, then the sift member will consider whether it is straightforward.
If it is straightforward, then the case will be referred on the papers alone plus any representations drafted, to a panel of the Parole Board sitting in London. They can confirm the independent Parole Board member's view in "the sift" and release will take place without the need for an Oral Panel.
Oral Panels are being convened only in cases of difficulty.
The reason for this is that the resources of the Parole Board have not been increased although the numbers of cases have many times over. This is to the point where effectively, the right to an Oral Panel is rationed to those cases where there are arguments to be made on either side.
Oral Panels, as their paper counterparts, are very complex. The key to success in any form of contact with the Parole Board is sufficiently correct information in a form which is accessible. These corrections must be presented together with any expert reports that your solicitors feel necessary to obtain, in addition to those reports prepared and submitted by the Home Office and Prison Service.
There are real risks to individuals "going it alone" as the law has become extremely complex in this area. There is also a professional and experiential element as to how much is said and in what form.
It is an area which requires specialist help and we will always advise people to obtain that, ensuring that advisers are fully competent prison lawyers as opposed to those who practice some general prison law amongst a lot of other areas of law such as criminal practice in the Magistrate's Court.