Guidance

Reconsideration of a Parole Board Decision

Published 21 February 2022

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This publication is available at https://www.gov.uk/government/publications/get-support-as-a-victim-of-crime/reconsideration-of-a-parole-board-decision

The Parole Board for England and Wales considers certain prisoners for parole (release from prison on licence) based on their risk of harm to the public.

If the Parole Board decides it is safe to direct the release of a prisoner, the decision will remain provisional for 21 calendar days (the reconsideration window) starting from the date it is issued. During this time an application can be made to have the decision reconsidered if someone believes either:

  • the correct process was not followed in the parole review - for example, important evidence was not taken into account; or
  • the decision was irrational or unreasonable - the decision cannot be justified based on the evidence of risk that was considered.

This guidance applies to all eligible sentence types where the Parole Board considers release, except decisions on re-release for standard determinate sentenced prisoners following a recall to prison. It also applies to prisoners to whom the Terrorist Offenders (Restriction of Early Release) Act 2020 applies.

0.1 Routine decision checks

The Secretary of State (responsible for justice) has a Reconsideration Team that reviews all provisional Parole Board release decisions.

If there are grounds (relevant reasons) on which it is believed that the decision is either irrational or procedurally unfair, the Team will ask the Parole Board to reconsider the decision. If the Parole Board accepts this request, the case will be looked at again and there could be a new hearing.

If an application is not made within 21 calendar days the decision becomes final.

0.2 Your right to raise issues

As explained, the Secretary of State’s Reconsideration Team reviews every eligible Parole Board release decision, whether or not a victim asks them to. If you think there is a problem with the parole decision, you can ask the Reconsideration Team to take this into account.

Reconsideration applications will be submitted in the name of the Secretary of State - the prisoner won’t be told that you personally raised issues about the decision.

The Parole Board cannot reconsider a case only on the grounds that a victim does not want the prisoner to be released – the decision must either be procedurally flawed or irrational.

If you have signed up to the Victim Contact Scheme (VCS), your Victim Liaison Officer (VLO) can advise and assist you throughout the parole and reconsideration processes. Your VLO can also tell you about support services available in your local area.

0.3 How to request reconsideration of a decision

  1. Speak to your VLO - they can explain the process.

  2. Fill in the Reconsideration of a parole decision form, available online

  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 24hrs 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.

0.4 Where to send the form

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

Email: [email protected]

0.5 Ask for the parole decision summary

When deciding if you want to make representations to the Secretary of State via the Reconsideration Team, you might find it helpful to read the Parole Board’s decision summary. The summary will explain how they reached the decision, including risk factors and the prisoner’s behaviour in custody. Any requests for the decision summary should be made as soon as possible to the Parole Board. You can request the decision summary via your VLO, or by emailing: [email protected]

0.6 What happens next

If the Reconsideration Team believes the decision should be reconsidered, they will apply to the Parole Board within 21 calendar days of the parole decision being issued.

If you have made a request to the Reconsideration Team, you will be informed whether or not they have asked the Parole Board to reconsider the case within 7 calendar days of the reconsideration window closing.

If an application to reconsider the decision is made an accredited member of the Parole Board will review the case and decide whether:

  • the original decision was correct and the release should go ahead
  • the case should be looked at again, which could mean there will be a new hearing

0.7 If the case is looked at again

The Parole Board will reconsider the decision, either by reviewing the paper dossier or by holding a hearing in person and a new decision will be made. The Parole Board may request for updated information before making a decision. In addition, you can resubmit your VPS or submit a new one, if you wish to add anything further.

The new decision may be different to the original but it might be the same.

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