Requesting reconsideration of a Parole Board decision to release a prisoner
When and how to request reconsideration of a Parole Board decision to release a prisoner.
Applies to England and Wales
Overview
The Parole Board considers certain prisoners for parole (release on licence) based on their risk of harm to the public.
If the Parole Board decides it is safe to release a prisoner the decision is provisional for 21 calendar days from the date the decision was issued (referred to as the ‘reconsideration window’) if the prisoner is serving an eligible sentence. During this time an application can be made by the Secretary of State to have the decision reconsidered if it is considered that either:
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it contains an error of law
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the correct process was not followed in the review of the prisoner for parole - for example, important evidence was not taken into account
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the decision was irrational or unreasonable - the decision cannot be justified based on the evidence of risk that was considered
However, the Parole Board considers cases carefully so it will be unusual for a decision to change.
If a parole decision is not challenged within 21 calendar days it becomes final and the prisoner must be released.
To note: this final decision will also be subject to the Parole Board’s Power to set aside their decision.
This guidance applies to all sentence types where the Parole Board considers release, except decisions on the re-release of standard determinate sentence prisoners following a recall to prison. It also applies to prisoners sentenced under the Terrorist Offenders (Restriction of Early Release) Act 2020.
In line with the Parole Board’s aim for transparency, all reconsideration decisions will be published on BAILII at the conclusion of the relevant proceedings. Please note, any sensitive information will be redacted prior to publication, and decisions will not be published until after the conclusion of Parole Board proceedings.
Routine decision checks
The Secretary of State for Justice has a Reconsideration Team that checks all provisional parole release decisions.
If there are grounds (relevant reasons) they will apply to the Parole Board to reconsider the decision. If the Parole Board agrees that the grounds for reconsideration are met, the case will be looked at again and there will be a new paper or oral hearing, and a new decision will be made.
Your right to raise issues
The Reconsideration Team checks every parole release decision, whether or not a victim asks them to. However, victims and other interested parties can request the Reconsideration Team consider making an application for reconsideration if they think there is a problem with a parole decision.
The Parole Board will not be able to reconsider a case only on the grounds that a victim does not want the prisoner to be released.
Speak to your victim liaison officer
If you have signed up to the Victim Contact Scheme (VCS), your victim liaison officer (VLO) can support you through the parole process.
If you decide to raise issues about the parole decision they can help you to contact the Reconsideration Team and will keep you updated. Your VLO can also tell you about support services available in your local area.
You might be eligible to sign up to the Victim Contact Scheme now if you don’t already have a VLO. If you sign up to the scheme you might also be able to ask for additional conditions to be added to the prisoner’s licence if you are concerned about your safety. Licence conditions control things like who the prisoner can contact and where they can go.
Ask for the parole decision summary
When deciding whether to submit a request to the Reconsideration Team, you might find it helpful to read the Parole Board’s decision summary in respect of the relevant case. The summary will explain how the Parole Board reached their decision, including risk factors and the prisoner’s behaviour in custody. You can request the decision summary by email via [email protected].
Victims who are part of the Victim Contact Scheme should ask for the decision summary through their VLO.
If you are not signed up to the VCS you can request the decision summary by email via [email protected].
Interested parties can also request Parole Board decision summaries in the same way, via the above email address.
How to request reconsideration of a Parole Board decision
You have 21 calendar days from the date the Parole Board decision is issued to submit your request to the Reconsideration Team.
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Speak to your VLO - they can explain the process.
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Fill in Form CPD1: Request reconsideration of a Parole Board decision.
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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 24 hours 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 and so cannot form part of an application, if there are grounds to make one.
Where to send the form
You should send your form by email to the Reconsideration Team as soon as possible. Your VLO might be able to email the form to you.
Email: [email protected]
Confidentiality
If you decide to send a request to the Reconsideration Team your details will be treated with confidentiality. If the team decides there are grounds to make an application to reconsider the decision, this will be submitted in the name of the Secretary of State – the prisoner won’t be told that you personally raised issues about their parole decision.
What happens next
If the Reconsideration Team believes the decision should be reconsidered they will apply to the Parole Board within the reconsideration window.
If you have made a request to the Reconsideration Team, you will be informed whether or not they have applied to the Parole Board to reconsider the case.
If an application for reconsideration is made to the Parole Board
If the Reconsideration Team submits an application for reconsideration to the Parole Board, the prisoner’s release will be put on hold.
The Parole Board will decide whether:
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the original decision was correct and the release should go ahead
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the case should be looked at again, which will mean there will be a new paper or oral hearing, and a new decision will be made.
If the Parole Board finds that the original decision was correct but that it contained an error, they will note the error and confirm the release should go ahead anyway.
If the case is looked at again:
If an application for reconsideration is successful, the Parole Board will look at the case again on paper or by holding a hearing in person.
However, if the case is reconsidered in this way, victims will have the opportunity to make another victim statement or to resubmit their original one. Your VLO will explain the timings and help you through the process.
The Parole Board could decide that:
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the prisoner must be released
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the prisoner must be released but with different licence conditions
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the prisoner is recommended for a transfer to open conditions
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the prisoner must not be released at this time
Cases where the Parole Board decide not to release the offender
Where the Parole Board decides it is not safe to release a prisoner, these decisions will also be provisional for 21 calendar days (referred to as the ‘reconsideration window’) if the prisoner is serving an eligible sentence. During this time an application can be made by the prisoner to have the decision reconsidered if it is considered that either:
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it contains an error of law;
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the correct process was not followed in the review of the case to terminate the licence - for example, important evidence was not taken into account
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the decision was irrational or unreasonable - the decision cannot be justified based on the evidence of risk that was considered
Where the prisoner decides to make an application, the process followed will be very similar to the above. If an application for reconsideration is successful, the Parole Board will look at the case again on paper or at an oral hearing.
If the decision is to be taken again, victims will have the opportunity to make another victim statement or to resubmit their original one. Your VLO will explain the timings and help you through the process.
As above, the Parole Board’s new decision could be that:
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the prisoner must be released
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the prisoner must be released but with different licence conditions
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the prisoner is recommended for a transfer to open conditions
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the prisoner must not be released at this time
Updates to this page
Published 13 March 2020Last updated 3 November 2022 + show all updates
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Added translation
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Process updated and form updated
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Information updated.
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First published.