Voices in Justice: Parole Reform in Scotland: Consultation Analysis

12. Factors considered in making parole decisions (Q24)

Key points for Chapter 12

¨ There was no clear view on whether there should be any changes to the factors that should be considered in making decisions on parole.

¨ Respondents who endorsed current arrangements said that the current list of factors for consideration (included in the Victims, Witnesses, and Justice Reform (Scotland) Act 2025) was sensible and fair, and gave flexibility to consider any factors deemed relevant. However, there was a view that the Parole Rules should state that the listed factors must be considered, rather than may be considered.

¨ Other respondents said that further clarification or specification was required on what was covered by the factors for consideration, the weight that should be attached to different factors, and how they should be evidenced.

¨ Individuals with experience of custody mentioned three main things the Parole Board should think about when making decisions about release: engagement with rehabilitation and other opportunities while in custody, behaviour and conduct, and the circumstances to which the person was likely to return to in the community.

12.1 The consultation paper explained that the Parole Board considers all relevant information in making decisions about parole. The Board may also consider a range of factors set out in the Parole Rules. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 introduced some changes to these factors – including provisions (implemented as changes to the Parole Rules in March 2026) that make it a legal requirement that the Board must consider whether the person in prison has not disclosed information about where or how the victim’s remains were disposed, and the impact of release on the safety and security of the victim and their family.

Question 24: Do you believe that there should be any further changes to the current list of factors, set out above, which may be taken into consideration by the Parole Board when making a decision on a prisoner’s release?

12.2 Respondents’ views on this question are presented below. The views of organisations and individuals with no experience of custody are discussed first, followed by the views of individuals with experience of custody.

Organisations and individuals with no experience of custody

12.3 In relation to Question 24, a range of respondents endorsed the current list of factors that may be taken into consideration by the Parole Board. They said, for example, that further change should not be made or that the current list was sensible and fair. Some pointed out that the current rules gave the Parole Board the flexibility to consider any factors deemed relevant to a case. Other respondents (including organisations and justice sector professionals) did not comment on the substance of the current factors but thought that the rules should state that the listed factors must be considered, rather than may be considered.

12.4 The comments made by other respondents were wide ranging and often detailed or specific in nature. Respondents often suggested that further clarification or specification was required on what the factors covered, the weight that should be attached to different factors, and how they should be evidenced. For example:

• A range of respondents suggested that the factors should more clearly address whether a person was ready to reintegrate into the community and how that was going to be successfully and realistically achieved. This included consideration of an individual’s conduct and engagement with rehabilitation support in custody, whether a person had a family, home and employment to return to, and the support and supervision arrangements in place.
• Some respondents (particularly organisations providing support to prisoners, justice professionals and family / friends of those with experience of custody) wished to see more emphasis on rehabilitation and readiness to safely reintegrate and less emphasis on formal risk assessments, or the nature of the offence (and any related admissions of guilt, maintenance of innocence, or expressions of remorse). In contrast, other respondents thought there should be more emphasis on risk and public protection, and that the factors should provide further detail on how this should be considered.

12.5 There were also some specific comments on factor (e) relating to the withholding of information about the whereabouts of a victim’s remains. While some respondents (including family / friends of victims and victim support organisations) thought this should be prioritised, other respondents (particularly family / friends of those with experience of custody) said that this factor penalised those who maintained their innocence.

12.6 In addition, some respondents called for greater transparency about the factors considered in individual decisions.

Individuals with experience of custody

12.7 Question 24 in the prison questionnaire was different to the online questionnaire.

Question 24: Do you think the Parole Board should think about anything else when deciding if someone can leave prison early?

12.8 Individuals with experience of custody mentioned three main things the Parole Board should think about when making decisions about release on parole:

• Engagement with rehabilitation and other opportunities while in custody, and progress made towards rehabilitation
• General behaviour and conduct while in custody
• The situation that the person was likely to return to in the community – i.e. accommodation and employment, the presence of a supportive family, whether appropriate management and support is available.

12.9 In relation to the first point above, respondents noted how difficult it can be to get a place on prison-based programmes and said that individuals should not be penalised for not having done particular courses, given the limited places available.

12.10 In addition to the three main points above, respondents also mentioned (i) the individual’s offence and their offending history; (ii) the risk the individual presented and whether that could be managed, and the impact their release might have on the victim(s); (iii) the individual’s health – usually mental but also physical; and (iv) the impact of continued custody on the individual and the individual’s family and children.

12.11 Some respondents did not offer specific suggestions but said the Parole Board should consider ‘everything’ or consider everyone on an individual basis.

12.12 It should be noted that many of the things mentioned by respondents are, potentially, covered by the factors currently listed for consideration, and it was not clear from the responses whether those who commented on this issue were familiar with current arrangements.

12.13 Among other respondents who commented at this question, some simply answered ‘no’, while others said they were unsure or did not feel able to comment because they did not know what the Parole Board currently considers in making its decisions.