Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if his Department will make an assessment of the potential merits of making people convicted of murder ineligible for transfer to open prisons.

Public protection is the Government’s foremost priority when considering any progression within the custodial estate.

There are no current plans to restrict those convicted of murder from being held in open prison conditions, as long as it safe to do so.

A prisoner serving a mandatory life sentence for murder is eligible to be considered for a move to an open prison only if within three years of completing the minimum term (tariff) set by the Court at the point of sentence. Further, other than in exceptional circumstances, a life sentence prisoner will be approved for transfer to open conditions only in response to a recommendation made by the Parole Board, following a rigorous risk assessment. Even where the Parole Board makes such a recommendation, the Secretary of State is not bound by it and conducts his own risk assessment before approving the recommendation and so authorising transfer. If, following transfer, the prisoner shows signs of increased risk, s/he will be returned to closed conditions.

Following a long period of incarceration in closed conditions, a period in open conditions may provide important evidence for the purposes of the Parole Board’s determination of whether the prisoner may be safely released into the community on life licence. It also helps to acquaint the prisoner with life outside of prison, which might have changed substantially during the period of imprisonment. This Government remains committed to supporting the progression of prisoners serving life or other indeterminate sentences by supporting them to reduce their risk to a level where the Parole Board determines they may be safely released, subject to a robust risk management plan.