Hearings Before The Parole Board
Hearings Before The Parole Board
Life sentenced prisoners are entitled to an independent assessment of their risk by the Parole Board from the point three months before the end of their tariffs.
Where risk is minimal, or merely perceptible, the Parole Board must release that person where the Tariff is expired. The only other decision a Parole Board Panel can make is not to release a life sentenced prisoner.
A pot tariff life sentenced prisoner will appear before a Panel of the Parole Board in a Board Room in the prison where they are being held at an interval of every 18 months, or sometimes less.
When a life sentenced prisoner is recalled to prison from life licence (ie qualified release), his/her case must be heard by an oral panel of the Parole Board within 55 days under current Parole Board policy. Where this does not happen, then we advise our clients to challenge the delay by way of a Judicial Review, and claiming damages for the delay.
At the hearing, clients will be heard by a panel of the Parole Board usually chaired by a serving, or retired, judge with the assistance of two other Parole Board members; one will often be a psychiatrist, or psychologist.
Legal representation at these hearings is essential. Self representation should not even be considered. Self representation, or poor legal representation, can add years to a life sentenced prisoner’s detention.
Witnesses can, and are, called to give evidence to the panel in addition to the evidence heard from the life sentenced prisoner him/herself. Observers such as family members, partners, or other supporters can be requested, and attend providing the panel chairman approved the application for them to attend. Observers, are not there to give evidence, but must be prepared to be asked questions if the panel feels it is necessary. They must not speak or offer comments unless invited to do so.
Advocacy at Parole Board hearings is the culmination of months of work by the client and his Case Manager. A specialist advocate must be instructed as this is a highly complex hearing affecting the liberty of the individual who is being assessed by the panel. It is not a job for a legal generalist, and clients are advised to check thoroughly that they choose representation that will guarantee this. Without such an advocate, even the best of preparation could be wasted to the serious prejudice of the prisoner who is left with further months and years to serve.
