Justice Social Work Services: national throughcare guidance

7. Parole Board for Scotland Processes

7.1 The system of parole in Scotland allows for part of a prison sentence to be served in the community, provided risk is assessed as manageable by the Parole Board in accordance with the tests detailed below.

7.2 For long term determinate sentences and extended sentences, eligibility for parole hearing commences at 50% of the sentence, or of the custodial term for an extended sentence. For those sentenced to life sentences and OLRs, eligibility is once the “punishment” part of their sentence is served.

^7.3 Twelve weeks prior to the Parole Qualifying Date (PQD) the Parole Co-ordinator within the custodial establishment will request reports from the CBSW and PBSW to be included in the dossier for the PBS. This is to allow sufficient time for the Throughcare Assessment for Release (TARL) to be completed and all other relevant documents to be collated in a timely manner prior to submission to PBS. The relevant guidance for completion of these reports is found within the TARL Guidance. If it becomes apparent that it is not going to be possible for the TARL to be completed within the required timescale the Parole co-ordinator within the relevant establishment should be informed by PBSW team manager without delay.

7.4 PBSW has a responsibility to discuss the information within reports with the person in a way that is compatible with their communication needs, so that the information provided and any recommendations are fully understood by the person.

7.5 If the PBS made the decision to recommend release on licence, the person will be subject to licence conditions and supervision by CBSW until their Sentence End Date (SED). For those subject to a life sentence or an OLR the person remains subject to licence conditions for life.

7.6 For long term determinate cases, if the PBS does not recommend release at the first review, the person will be eligible for a further review of their case at no more than 12 month intervals until the person reaches their earliest date of liberation (EDL). The EDL will be at either the two thirds point of their sentence or 6 months before the expiry of the sentence. At this point, the person will be released on a non-parole licence and subject to licence conditions and supervision by CBSW until the SED.

7.7 For life sentences and OLRs the person must have a subsequent review no later than 2 years after their last parole hearing but can be reviewed earlier than 2 years if agreed by PBS.

Preparation for attendance at a PBS oral hearing

7.8 PBSW and CBSW can be cited to attend oral hearings as witnesses within their professional capacity. This can be because the PBS wants the social worker to provide further information or because the person in custody or their legal representative has requested the social worker’s attendance.

7.9 Evidence required from the PBS within an oral hearing should be new evidence that is not already available within the dossier, although it is to be expected that there may be some discussion about issues already covered in reports.

7.10 PBS will endeavour to give the relevant social workers as much notice as possible, with an aim of two weeks, if being cited to an oral hearing. It is preferable that the allocated CBSW should attend the hearing, however, if they are not available, a substitute social worker, or the line manager can attend and should be prepared to give evidence.

7.11 Prior to attending the oral hearing, JSW should contact the parole unit in the relevant custodial establishment to request sight of the dossier to help them prepare for the hearing.

7.12 When preparing to give evidence at an oral hearing, the attending social worker should consider the following:

a) review all written reports available prior to the hearing, as well as any other written evidence that will be discussed in the oral hearing such as case notes. JSW can bring the case notes with them to the hearing to refer to;

b) social workers should refer the PBS, the person in custody or the legal representative to their written evidence if information requested during the hearing is available within the parole dossier;

c) be direct when answering questions and consider how the evidence provided will support the PBS to make a decision about the test for release;

d) the role of the PBS is to be inquisitorial rather than adversarial;

e) the PBS is not bound by the same rules of evidence as other Courts but will want to know whether the witness evidence is hearsay or professional opinion. Further, witnesses are not required to give evidence under oath but are expected to give accurate information. If the witness does not know the answer to a question, they should say that;

f) the legal representative for the person being considered for parole is there to give their client the most robust legal representation possible. This representation may come across as forceful in their opposition to the social worker assessment. Social workers are there as witnesses within their professional capacity and should ensure they can explain the reasons for their decision and recommendations;

g) risk should be discussed in terms of pattern, nature, seriousness and likelihood; and

h) JSW should consider the communication needs of the person in custody and ensure the language they use is clear and understandable for all at the hearing.

7.13 JSW teams can request support and training from the PBS should they find it useful for their staff, for example to attend hearings or casework meetings as observers. They can be contacted at enquiries@paroleboard.scot.

PBS Tests for release

7.14 The PBS decision-making process is rigorous, fair, and independent. The PBS makes decisions based on all the evidence available to it. Each case is subject to a test for release, with public safety central to every decision made.

7.15 For indeterminate (life, OLR) sentences the test for release is set out in section 2(5)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The test is:

a) The Board must be satisfied that it is no longer necessary for the protection of the public that the person should be confined.

7.16 For determinate and extended sentences, within the custodial part of the sentence, the test for release is:

a) The Board must be satisfied that such risk as the person poses can be managed safely in the community.

7.17 For extended sentences where the person has been released and subsequently recalled to custody the test for release is set out in section 3A(4) and (4B) of the 1993 Act:

a) The Board must consider whether it is necessary for the protection of the public from serious harm that the person should be confined.

PBS Decision

7.18 PBS has specific decision-making powers in relation to release. They are:

a) recommend the release of persons serving determinate sentences of four years or more, and the conditions to be attached to the licences of such persons;

b) direct or recommend the release of persons serving extended sentences serving a combined custodial term and extension period of four years or more, and the conditions to be attached to the licences of such persons;

c) direct the release of persons serving life or OLR sentences on licence, or persons serving extended sentences who have been recalled to custody;

d) recommend the recall to custody of those serving a sentence of four years or more who have been released on licence in circumstances where such action is in the public interest;

e) recommend the recall of persons subject to short term sex offender or short term extended sentence licence conditions where such action is in the public interest;

f) direct the re-release of persons subject to short term sex offender or short term extended sentence licence who have been recalled to custody; and

g) adjourn the PBS consideration to gather further information to help make a decision.

7.19 Following a hearing the PBS will endeavour to provide an early intimation of decision. The formal written minute of the decision is provided within 10 working days. Where the PBS does not direct or recommend release, the information noted in the decision minute should be used by CBSW and PBSW to inform future case management.

7.20 Once the decision is received and, if it confirms the person is to be released, PBSW and CBSW should agree who is responsible for carrying out each specific task to ensure the person:

a) has the conditions and expectations of the licence or order explained to them;

b) is provided with their reporting instructions for the day of release;

c) can travel from the custodial establishment to their reporting address;

d) is provided with relevant support in relation to housing as required;

e) is provided with information about organisations that will be working with them post-release (third sector organisations, NHS, Police Scotland etc);

f) is supported with GP registration and accessing relevant medication;

g) is provided with support to access identification when required; and

h) has started a benefits claim (if eligible) or have an appointment to meet with the benefits agency.

7.21 If a decision has been made to direct or recommend release and information has come to light that significantly changes the assessment of risk, PBSW/CBSW should report the concerns to the PBS via email to the Community Licence Team at communitylicence@gov.scot.

Decision not to release

7.22 If a person is not recommended for release on parole, they will automatically be released on licence once they have reached the EDL.

7.23 For someone subject to an extended sentence, and sentenced on or after 1 February 2016, they will be released at the end of the custodial term on a non-parole licence. The person can still be recalled to custody should they not comply with the conditions of the licence.

7.24 It is important both PBSW and CBSW, prior to person’s release on a non-parole licence, review the reasons why they were not considered suitable for release on parole. This can be used to formulate a plan for support on release and to consider any issues that may impact on community reintegration.