Parole Board For England And Wales
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Parole Board calls for sponsorship by HM Courts Service
The Parole Board has responded to a Ministry of Justice consultation paper on the future of the Board by calling for it to remain an independent body but with sponsorship transferred to HM Courts Service.
This change would put the independence of the Parole Board from the executive on a firmer footing, as required by the Court of Appeal, and enhance its ability to secure sufficient judicial resources from HMCS to hear prisoners’ cases on time.
It would also provide for some efficiency savings through a closer relationship with HMCS without generating the additional costs that a formal move into the courts structure might entail.
The Parole Board argues against the option of a move to the Tribunals Service as being inconsistent with it remaining an integral part of the criminal justice system.
The Board has called for its recommendations on moving prisoners to open prison conditions to be made binding upon the Secretary of State and at the same time for it to be given the power to review the cases of prisoners who have been moved back from open to closed conditions by the Prison Service.
The Board would also like to be given additional powers to enforce the attendance of witnesses and the provision of reports and other written material and to make wasted costs orders for anyone failing to comply with such directions.
The Rt Hon Sir David Latham, Chairman of the Parole Board, said:
"The Board considers that transfer of sponsorship to HMCS would best serve the requirement of independence, would enable its functions to be carried out with the necessary informality and would retain the essential inquisitorial nature of the proceedings. If it became part of the court structure formally, the latter two could be put at risk.
"If HMCS is directly responsible, as the sponsorship body, for delivery of the functions of the Board, the Board will be in a better position to obtain the necessary resources for it to fulfil its functions effectively.
"There are some who would consider that the tribunal system would be the appropriate ultimate resting place for the Parole Board. However, that solution fails to recognise the importance of the functions of the Board as an integral part of the criminal justice system.
"Its functions represent the ultimate conclusion of the legal process which was started by conviction and sentence. Article 5(4) reflects the basic principle that no person should be deprived of their liberty for any longer than is legally justifiable, a question properly the function of a court."
Notes to Editors
The Parole Board is an independent body that works with its criminal justice partners to protect the public by risk assessing prisoners to decide whether they can safely be released into the community.
The Ministry of Justice published its consultation paper "The Future of the Parole Board" on 20 July 2009 and asked for responses by 20 November 2009. The full paper is available on the MOJ website.
http://www.justice.gov.uk/consultations/future-parole-board.htm
The full text of the Parole Board response is available on its website.
http://www.paroleboard.gsi.gov.uk
For further information please call Tim Morris, Head of Communications for the Parole Board, on 020-7217 0564 during office hours, or on 07725-927954 out of hours, or e-mail tim.morris5@paroleboard.gsi.gov.uk
PR/06/2009
Contacts:
Tim Morris
Phone: 020 7217 0564
Tim.Morris5@paroleboard.gsi.gov.uk
