Children Member Guidance (July 2024 V2.0)
Parole Board guidance for members regarding prisoners who are children.
Applies to England and Wales
Documents
Details
This guidance sets out information and advice concerning parole reviews for children serving custodial sentences who are parole eligible or where they have been recalled and it is for the Board to determine re-release. It sets out relevant legislation, Parole Board policy, and advice for panels dealing fairly and fittingly with individuals in this age group. Section five provides specific advice and best practice.
For parole purposes, it is the child’s age at the point of referral to the Parole Board by the Secretary of State which defines whether they must be dealt with as a child for that parole review. Accordingly, where the child is under 18 years old when the referral is received, the law requires that they must be dealt with as a child and this guidance should be applied.
The guidance sets out the key principles to be applied (and the underpinning legislation) as follows:
- Children should be treated differently from adults;
- The best interests of the child must be a primary consideration;
- The child should be heard;
- Detention must be for the shortest possible time;
- The rights and dignity of the child must be respected;
- The child should have access to legal help;
- The welfare of the child must be given due regard by all involved;
- Children “in need” should receive appropriate support;
- Protection from harm should not be separated out from the wider objective of improving the child’s life;
- There must be cooperation between the relevant bodies and agencies.
There is separate guidance for prisoners who are aged between 18 -21 years old at the point of referral, which can be read here: Young Adults.