Parole Board (Amendment) Rules 2022

Lord Woolf Excerpts

Tuesday 18th October 2022 Lords Chamber

[Lord Bellamy (Con)]

The Secretary of State has an overriding duty to protect the public. In that context, as the guardian of the safety of the public, he is entitled to present his view to the Parole Board, which then decides.

On the second point made by the noble Baroness in relation to the implications for the progression of offenders, the Government’s position is that there is no change. The rules by which prisoners progress through the system and their opportunity for release will continue to be assessed by the Parole Board, as they are at the moment.

On this occasion, I will not go into the open prison/closed prison issue, because that is not the subject of what we are discussing today. On the point we are discussing, this change in the rules about the recommendations, it is a very limited change and is fully in accordance with general principle. HMPPS will continue to provide comprehensive evidence to the Parole Board and factual evidence for the assessment of risk, as before.

[Lord Woolf (CB)]

I am really rather surprised at what the Minister says. I have sat in courts for many years. To suggest that an expert cannot give an opinion as to what should be the outcome is something I find contrary to everything I remember from my experience, which admittedly was a long time ago.

[Lord Bellamy (Con)]

My Lords, with respect, I have always understood it to be the case—I hope I have not got this wrong—that an expert should not normally give his opinion on the very issue on which the court is required to decide. The scope of the expert’s opinion is to provide the court with the factual details. It is the duty of the expert not to say whether X or Y is guilty or not guilty but to provide the court with the facts on which that decision is taken. At least, that is common practice.