Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, how they intend to implement these new stages of the parole process whilst complying with the legal duty under Article 5 ECHR to determine parole decisions ‘speedily’.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, what assessment they have made of the importance of clarity and finality of parole decision making for (1) the victims of crime, (2) prisoners, and (3) the safe and efficient management of prisons; and of the likely impact of these new stages of the parole process.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Oct. 25 2023
Source Page: Parole Board Strategy and Business Plan 2023-2025Found: Parole Board Strategy and Business Plan 2023-2025
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many hearings were held by the Parole Board to review an imprisonment for public protection licence, in each quarter since 2021, and of those how many resulted in (1) termination of the licence, (2) variation of licence conditions, or (3) no change to licence conditions.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Where 10 years have elapsed since the Parole Board first directed the release of an offender serving a sentence of Imprisonment for Public Protection (IPP), the Secretary of State must by law refer that offender to the Parole Board, in order for the Board to determine whether to terminate the offender’s IPP licence. The minimum 10-year period is not paused or reset if an offender is recalled to prison or serves a subsequent sentence for further offences. Where the Board does not terminate the licence, the Secretary of State must by law re-refer the offender every 12 months. This ensures that every eligible offender is considered by the Parole Board annually and will enable the IPP licence, and the IPP sentence as a whole, to be brought to a definitive end for more offenders.
On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee’ (JSC) report, published on 28 September 2022.
These changes are being taken forward in the Victims and Prisoners Bill.
The new measure will:
The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.
In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.
Table 1: Shows the number of offenders serving an IPP sentence under pre- and post-release supervision who are eligible to be considered for termination of their licence, at end of period, December 2020 to June 2023, England and Wales.
Period | Eligible |
2021 Q1 | 187 |
2021 Q2 | 237 |
2021 Q3 | 299 |
2021 Q4 | 391 |
2022 Q1 | 477 |
2022 Q2 | 571 |
2022 Q3 | 662 |
2022 Q4 | 769 |
2023 Q1 | 842 |
2023 Q2 | 945 |
Please Note:
(1) This table includes IPP offenders who have been returned to custody following a recall.
(2) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.
Table 2: Shows the number of cases referred to the Parole Board
Period | Referrals |
2021 Q1 | 2 |
2021 Q2 | 8 |
2021 Q3 | 3 |
2021 Q4 | 9 |
2022 Q1 | 46 |
2022 Q2 | 42 |
2022 Q3 | 72 |
2022 Q4 | 69 |
2023 Q1 | 83 |
2023 Q2 | 147 |
Please Note:
(1) Figures could contain cases where the offender became eligible for licence termination in previous quarter.
(2) Figures from Table 1 are snapshot figures and are not comparable to figures in Table 2
Table 3: Shows the outcomes of licence termination applications in each quarter since 2021.
Outcome Period | Terminated | Suspended/ Varied | Refused |
2021 Q1 | 1 | 0 | 1 |
2021 Q2 | 3 | 0 | 0 |
2021 Q3 | 3 | 1 | 2 |
2021 Q4 | 4 | 0 | 2 |
2022 Q1 | 21 | 5 | 10 |
2022 Q2 | 25 | 7 | 12 |
2022 Q3 | 22 | 8 | 18 |
2022 Q4 | 28 | 6 | 46 |
2023 Q1 | 25 | 6 | 23 |
2023 Q2 | 38 | 14 | 72 |
Table 4: Shows the number of people serving an IPP sentence that were transferred from prison to a secure hospital, and held in a secure hospital, in each year, since 2009
Year | Number of transfers in the year | Population in Secure Hospital at end of year |
2009 | 54 | 472 |
2010 | 107 | 467 |
2011 | 100 | 438 |
2012 | 86 | 380 |
2013 | 90 | 326 |
2014 | 88 | 264 |
2015 | 72 | 274 |
2016 | 66 | 274 |
2017 | 59 | 278 |
2018 | 65 | 282 |
2019 | 59 | 276 |
2020 | 55 | 275 |
2021 | 39 | 287 |
2022 | 44 | 262 |
Please Note:
(1) We do not hold figures prior to 2009 as the data entry system which holds these data was implemented in 2009 and data prior to this period are not of sufficient quality to allow for the breakdown requested.
(2) The number of transfers is not the same as number of offenders transferred as there could be more than one transfer associated with an offender in a year.
(3) These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. Consequently, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
The information requested for HL236 and HL237 could only be obtained at disproportionate cost. The information for HL238 is not held centrally.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many people serving an imprisonment for public protection sentence were eligible for a review of their licence, in each quarter since 2021; and of those how many referrals were made to the Parole Board for review.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Where 10 years have elapsed since the Parole Board first directed the release of an offender serving a sentence of Imprisonment for Public Protection (IPP), the Secretary of State must by law refer that offender to the Parole Board, in order for the Board to determine whether to terminate the offender’s IPP licence. The minimum 10-year period is not paused or reset if an offender is recalled to prison or serves a subsequent sentence for further offences. Where the Board does not terminate the licence, the Secretary of State must by law re-refer the offender every 12 months. This ensures that every eligible offender is considered by the Parole Board annually and will enable the IPP licence, and the IPP sentence as a whole, to be brought to a definitive end for more offenders.
On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee’ (JSC) report, published on 28 September 2022.
These changes are being taken forward in the Victims and Prisoners Bill.
The new measure will:
The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.
In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.
Table 1: Shows the number of offenders serving an IPP sentence under pre- and post-release supervision who are eligible to be considered for termination of their licence, at end of period, December 2020 to June 2023, England and Wales.
Period | Eligible |
2021 Q1 | 187 |
2021 Q2 | 237 |
2021 Q3 | 299 |
2021 Q4 | 391 |
2022 Q1 | 477 |
2022 Q2 | 571 |
2022 Q3 | 662 |
2022 Q4 | 769 |
2023 Q1 | 842 |
2023 Q2 | 945 |
Please Note:
(1) This table includes IPP offenders who have been returned to custody following a recall.
(2) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.
Table 2: Shows the number of cases referred to the Parole Board
Period | Referrals |
2021 Q1 | 2 |
2021 Q2 | 8 |
2021 Q3 | 3 |
2021 Q4 | 9 |
2022 Q1 | 46 |
2022 Q2 | 42 |
2022 Q3 | 72 |
2022 Q4 | 69 |
2023 Q1 | 83 |
2023 Q2 | 147 |
Please Note:
(1) Figures could contain cases where the offender became eligible for licence termination in previous quarter.
(2) Figures from Table 1 are snapshot figures and are not comparable to figures in Table 2
Table 3: Shows the outcomes of licence termination applications in each quarter since 2021.
Outcome Period | Terminated | Suspended/ Varied | Refused |
2021 Q1 | 1 | 0 | 1 |
2021 Q2 | 3 | 0 | 0 |
2021 Q3 | 3 | 1 | 2 |
2021 Q4 | 4 | 0 | 2 |
2022 Q1 | 21 | 5 | 10 |
2022 Q2 | 25 | 7 | 12 |
2022 Q3 | 22 | 8 | 18 |
2022 Q4 | 28 | 6 | 46 |
2023 Q1 | 25 | 6 | 23 |
2023 Q2 | 38 | 14 | 72 |
Table 4: Shows the number of people serving an IPP sentence that were transferred from prison to a secure hospital, and held in a secure hospital, in each year, since 2009
Year | Number of transfers in the year | Population in Secure Hospital at end of year |
2009 | 54 | 472 |
2010 | 107 | 467 |
2011 | 100 | 438 |
2012 | 86 | 380 |
2013 | 90 | 326 |
2014 | 88 | 264 |
2015 | 72 | 274 |
2016 | 66 | 274 |
2017 | 59 | 278 |
2018 | 65 | 282 |
2019 | 59 | 276 |
2020 | 55 | 275 |
2021 | 39 | 287 |
2022 | 44 | 262 |
Please Note:
(1) We do not hold figures prior to 2009 as the data entry system which holds these data was implemented in 2009 and data prior to this period are not of sufficient quality to allow for the breakdown requested.
(2) The number of transfers is not the same as number of offenders transferred as there could be more than one transfer associated with an offender in a year.
(3) These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. Consequently, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
The information requested for HL236 and HL237 could only be obtained at disproportionate cost. The information for HL238 is not held centrally.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether decisions to veto a parole board decision to release in ‘top tier’ cases would be based solely on the Minister’s personal view of whether the test was met or not; and if so, why a Minister is better placed than a Parole Board to make such an assessment.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to make all parole board hearings available to the public.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Any Parole Board hearing may be heard in public if the Chair of the Parole Board decides it is in the interests of justice to do so. Applications for public hearings can be made by anyone directly to the Parole Board. The criteria used by the Chair to decide public hearing applications has been published by the Parole Board on its website and the individual decisions are also published.
Not all cases will be suitable to be heard in public due, for example, to particularly sensitive evidence or the concerns of the victims, and the government believes it is right that the Parole Board has the discretion to decide which cases should be heard in public.
Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, what assessment they have made of the effect of these new stages of the parole process on (1) prison capacity, (2) the victims of crime, (3) prisoners and (4) prison staff.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Oct. 25 2023
Source Page: Parole Board Strategy and Business Plan 2023-2025Found: Parole Board Strategy and Business Plan 2023-2025
Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Victims and Prisoners Bill impact assessment which states the that the average annual cost of implementing the proposed reforms will be £32 million, and the total annual budget for the Parole Board being £23 million, whether this additional expense will (1) be met by new funding or (2) have to be found from existing budgets, and if so from where they plan to reallocate this money.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The published impact assessment outlines the cost and impact on prison places of these reforms. The £32 million refers to the average annual cost of the reforms over the next 10 years (excluding transition costs). The bulk of this cost (£28.7 million) is attributed to the additional prison places required – the actual increase in costs to the Parole Board is expected to average £0.7 million over the next 10 years. However, it is important to note that these figures are averages and will not be this high immediately as the number of additional prison places required will increase gradually until the reforms reach ‘’steady state’’, which is expected to be more than 10 years away. No further funding has been allocated in this spending review period; any further funding expenditure will be determined at future spending reviews.
The impact assessment can be accessed here: https://publications.parliament.uk/pa/bills/cbill/58-03/0286/VictimsandPrisonersBillParoleImpact_Assessment_March23.pdf.