Parole

(asked on 6th February 2019) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what criteria his Department will use to determine whether a Parole Board decision is referred to a parole board Judge after representations have been made by a victim.


Answered by
 Portrait
Rory Stewart
This question was answered on 14th February 2019

Under the proposed new reconsideration mechanism, announced on 4 February 2019, the criteria will be the same as judicial review – that is, whether the Parole Board’s decision was legally or procedurally flawed in some way. It will fall to a Parole Board judicial member, unconnected to the original decision, to determine that if decision should be reconsidered, having regard to the evidence presented. To determine whether to make an application to the Parole Board following representations from a victim, a dedicated team in my department will examine the case, including all the evidence and the procedures that were followed, in order to identify whether there may be an arguable case to make an application. They will look for any indications of whether the Board may have gone beyond or outside its powers, if the Rules were adhered to, whether the correct procedures were followed and where the panel’s decision could appear irrational in light of all the evidence before it. A Parole Board judge will then make the decision on reconsideration and whether the criteria have been met. But my officials are well placed to support victims by helping to determine whether there is an arguable case for an application to be made and, if there is, how best to present that argument to the Board.

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