Prisoners' Release: Standards

(asked on 14th July 2023) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made on the effectiveness of the criteria for releasing prisoners who have committed a serious crime.


Answered by
Edward Argar Portrait
Edward Argar
Minister of State (Ministry of Justice)
This question was answered on 21st July 2023

This Government has ensured that the courts have the fullest range of sentencing powers available to deal effectively with serious offenders, with release provisions that protect the public.

Those who commit the most serious offences may be given a life sentence, where the court sets a minimum period in custody (the tariff) after which the prisoner may be released by the Parole Board only if it is satisfied that detention is no longer necessary to protect the public. Other serious sexual and violent offenders may be given an Extended Determinate Sentence or a Sentence for Offenders of Particular Concern where they must serve their custodial term in full unless the Parole Board assesses they are safe to release before that point, having served at least two-thirds in prison. In the Victims and Prisoners Bill, we are strengthening the test which the Parole Board must apply when considering the release of prisoners. The new test makes clear that protecting the public must be the sole consideration - a prisoner must not be released unless there is no more than minimal risk of the prisoner committing a further offence that would cause serious harm. We also introduced a Serious Terrorism Sentence where a minimum custodial period of 14 years is imposed which must be served in full.

Most prisoners serve a standard determinate sentence of imprisonment which, in most cases, means release is automatic at the half-way point on licence for the remainder of the sentence. In the Police Crime, Sentencing and Courts Act 2022, for those sentenced to 4 years or more for certain serious sexual and violent offences, we strengthened the provisions to require those offenders to serve two-thirds of their sentence in prison, to better reflect the severity of their crimes. The Act also introduced a new power to prevent the automatic release of prisoners who receive a standard determinate sentence, if they pose a danger to the public.

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