Prisoners

(asked on 16th October 2020) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which agency determines whether an offender in prison is categorised as low risk.


Answered by
Lucy Frazer Portrait
Lucy Frazer
Secretary of State for Culture, Media and Sport
This question was answered on 21st October 2020

In producing an assessment of the likelihood that a prisoner will reoffend and of the harm which would result from any reoffending, offender managers in HM Prison and Probation Service will use approved and accredited assessment tools, notably the Offender Assessment System (OASys).

When assessing a prisoner’s risk of harm and risk of reoffending, offender managers have regard to the prisoner’s static and dynamic risk factors. A static risk factor is usually a feature of the prisoner’s past – such as his/her previous offending, the nature of his/her upbringing or how well s/he did at school. A dynamic risk factor may vary or be susceptible to change – such as alcohol abuse, drug taking or negative peer pressure. In order to assess a prisoner as low risk of harm and low risk of reoffending, offender managers would need to be satisfied that, based on the available evidence, the risk indicators do not point to medium or high risk. When assessing a prisoner’s suitability for open conditions, offender managers need also be satisfied that the prisoner presents a low risk of abscondment.

In the case of determinate sentence prisoners, the Prison Governor takes the decision as to whether to transfer a prisoner to open conditions, having regard to a comprehensive assessment of current risk, including the risk of abscond or other breach of the trust afforded by open conditions

In the case of indeterminate sentence offenders, other than where a prisoner has made demonstrably exceptional progress, the decision for a move to open conditions is taken by officials on behalf of the Secretary of State, following advice from the Parole Board. The Secretary of State does have discretion to reject a recommendation from the Parole Board, but because the Board undertakes a full and thorough risk assessment, the policy since 2008 has been to accept the Board’s recommendation other than in exceptional circumstances.

Consequently, officials will accept a Parole Board recommendation, except where the recommendation goes against the recommendations of the report writers without explaining why, or is based on inaccurate information. Officials will also reject a recommendation if they consider that the Secretary of State does not have a wholly persuasive case for transferring the prisoner to open conditions at the current time.

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