Voices in Justice: parole reform consultation

Annex B – Glossary of terms

Casework Meeting - A paper-based review where the person in prison is not present and the Parole Board panel assess the dossier of reports and information to make their decision on release. The Board may then decide to elevate to an Oral Hearing if a decision cannot be reached based on the existing information.

Determinate Sentence - A determinate sentence can be either 1) a short-term sentence (less than four years) or a long-term sentence (four years or more). Short-term sentenced individuals do not go to the Parole Board for consideration, and most are automatically released once they have served two-fifths of their sentence (certain exclusions apply based on offence committed). A person given a long-term sentence will be considered by the Parole Board for release once they have served one half of their sentence. Long-term prisoners are automatically released once they have served either two-thirds (if sentenced before 1 February 2016, or all but the final 6 months (if sentenced after 1 February 2016) of the sentence in prison, unless the Parole Board recommends, they should be released into the community earlier.

Earliest Date of Liberation (EDL) - The EDL for a determinate sentence is the date on which a person in prison must be conditionally released, if they have not already previously been recommended for release by the Parole Board.

Extended Sentence - Combines a period in prison (the custodial part) with a further set time of supervision in the community (the extension part). These sentences are given to some individuals who have committed serious sexual or violent crimes. When released such persons remain on licence until the end of the extension part of the sentence and may be recalled to prison if they breach the conditions of their licence.

Indeterminate Sentence - is a sentence that does not have a set end point (for example, life sentences and Orders for Lifelong Restriction).

Licence Conditions - When persons are released from prison into the community ‘on licence’ they may be required to follow certain rules (conditions), such as meeting regularly with a social worker, or following curfews. The Parole Board may recommend a set of standard conditions or/and specific conditions tailored to the individuals’ circumstances, including risks and needs.

Life Sentence - A life sentence is an indeterminate sentence meaning that some individuals will spend longer in prison than the initial custodial part set by the judge; and some may never be released. When a person has served the full custodial (sometimes referred to as the ‘punishment’) part of their life sentence, the case will be considered by an oral hearing of the Parole Board for Scotland as soon as possible.

Non-parole licence - If a person serving a determinate sentence is not recommended for release by the Parole Board, they remain in prison until released automatically once served 2/3^rd of their sentence, or 6 months before the expiry of the sentence (depending on when sentenced). The person is then released on a non-parole licence for the remaining term. The Board will recommend the licence conditions in these cases, which may include standard and/or specific conditions.

Oral Hearing - Is the format of a hearing held by the Parole Board where the person in prison is usually present (in-person or virtual); and where other individuals may also be asked to provide evidence in person (or virtual), for example a supervising officer at justice social work. An oral hearing will be held to decide upon the release (or recall) of an individual, where further information is deemed necessary, or significant enough that cannot be decided or resolved at a casework meeting.

Order for Lifelong Restriction (OLR) - A lifelong sentence imposed on persons convicted of violent or sexual offences, other than murder, at the High Court, where the judge decides that the individual meets the risk criteria set out in section 210E of the Criminal Procedure (Scotland) Act 1995. The risk criteria are that the nature of, or the circumstances of the commission of, the offence of which the convicted person has been found guilty either in themselves or as part of a pattern of behaviour are such as to demonstrate that there is a likelihood that he, if at liberty, will seriously endanger the lives, or physical or psychological well-being, of members of the public at large . The judge must set a “punishment part” of the OLR, which is the minimum time the person must spend in prison before being considered by the Board for release.

Parole - is a system that enables persons in prison to be released on licence in the community under the supervision of a community based social worker.

Parole licence - Refers to the licence that sets out the conditions which a person recommended for release by the Parole Board must adhere to when under supervision in the community.

Parole Qualifying Date (PQD) - Is the date at which a person serving a long term (four years or more) or indeterminate sentence first becomes eligible to be considered for release by the Parole Board.

‘Punishment Part’ of Sentence - A person given a life sentence, or OLR, is told at the time of sentencing in the court what the minimum period is that they must spend in prison. This is sometimes known as the ‘punishment’, or custodial part of the sentence. They will have their case considered by an oral hearing panel of the Parole Board as soon as possible after the punishment part has expired. If they are not released at the first review they are required by law to have a further review within 2 years.

Recall - If a person is released on recommendation by the Parole Board, they are subject to be recalled to prison at any time if they breach the terms of their licence.

Re-Release Hearing - The Parole Board may recommend the Scottish Ministers to re-release any person who has been recalled to custody at a re-release hearing. The re-release of life sentenced persons and extended sentenced persons, recalled to custody during their extension period must be considered by an oral hearing panel of the Board.

Revocation of Licence - Scottish Ministers are responsible for ‘revoking’ the licence of an individual who has been recommended, by the Parole Board, to be recalled back to prison to serve the remainder of their sentence.

Test for Release - Specific tests the panel of the Parole Board must consider when reaching their decision. Specific tests are set out in legislation and others within Parole Board Member Guidance.

The Parole Board for Scotland - is a Tribunal non-departmental public body and judicial body (or court for the purposes of its decision-making function and article 5 of ECHR), independent of the Scottish Government and impartial in its duties. Its main aim is to ensure that those persons in prison who are no longer regarded as presenting a risk to public safety may serve the remainder of their sentence in the community on licence under the supervision of a supervising officer.

Victims Notification Scheme (VNS) - is an opt-in scheme in Scotland. It is the statutory basis on which victims can receive certain information about a person in prison.