Voices in Justice: Parole Reform in Scotland: Consultation Analysis

4. Purpose of parole (Q1–2)

Key points from Chapter 4

¨ There was widespread support for the introduction of a definition that clearly states the purpose of parole. Respondents thought this would improve clarity and understanding for all those involved in or with an interest in the parole system, and enhance consistency, transparency and accountability across the system.

¨ Public (and victim) protection and the rehabilitation and reintegration of offenders were seen as key components of a definition of parole. Some respondents highlighted the need to strike a balance between these purposes.

¨ Respondents of all types said a definition of parole should also include a description of what parole is and the principles that guide the system; individuals thought it should include information about how the system operates.

4.1 The consultation invited respondents to consider the possible introduction of a definition of the purpose of parole, and what such a definition should include. It noted that parole is currently described or explained in various ways within Scotland’s criminal justice system. It also noted that other jurisdictions – including Australia and Canada – define the purpose of parole within their systems. The first two consultation questions asked for views on whether a definition of parole should be introduced and, if so, what it should include.

Question 1: Would you support the introduction of a definition that clearly states the purpose of parole in Scotland?

Question 2: If the purpose of parole were to be defined in Scotland, what do you feel the defined purpose should include?

4.2 Respondents’ views on these questions 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

Defining the purpose of parole

4.3 Question 1 asked respondents if they supported the introduction of a definition that clearly states the purpose of parole in Scotland. Table 4.1 shows that:

• Overall, 93% of respondents said ‘yes’, and 3% said ‘no’.
• All 20 organisations answering this question said ‘yes’, and 66 out of 72 individuals also said ‘yes’.

* Individuals with no experience of custody

4.4 In addition, the 21 campaign respondents said ‘yes’ – they supported the introduction of a definition of parole.

4.5 As shown in Table 4.1, there was a high level of support for the introduction of a definition stating the purpose of parole. In general, respondents thought a definition of this type would provide clarity and improve understanding for all parties: victims and their families, offenders, practitioners (e.g. social workers, lawyers, Parole Board members), stakeholder organisations, the wider public, politicians, and the media. Some respondents made the point that the parole system was complex, and often misunderstood, and that a clear statement of purpose would help address this.

4.6 Those offering more specific comments, suggested that a definition would:

• Help manage expectations for all parties
• Enhance consistency, transparency, and accountability within the parole system
• Ensure alignment across the various bodies involved in the parole system
• Be in line with a rights-based approach to parole
• Increase confidence in the system and provide reassurance to the public – one statutory justice body made the point that successful reintegration of offenders into society depends on community acceptance of affected individuals, which in turn depends on a shared understanding and acceptance of the purpose of parole.
• Help prevent parole decisions from being subject to debate among politicians, the public or the media.

4.7 Some respondents stressed the importance of carrying out careful consultation on any definition, including with victims of crime, and using plain language that was easily understood by everyone. Some also said that their support for a definition depended on the final wording of that definition.

4.8 Respondents who did not answer ‘yes’ said that they were unsure what would be gained by introducing such a definition or were concerned that a definition could be open to different interpretations.

What a defined purpose of parole should include

4.9 Broadly speaking, respondents said that any defined purpose of parole should include public protection and / or the rehabilitation and reintegration of offenders. While some respondents referred to one or other of these purposes, others said the purpose of parole should be to address both of these.

4.10 Those referring only to a purpose of offender rehabilitation and reintegration tended to be family / friends of those with experience of custody. Those referring only to a purpose of public protection tended to be victim support organisations. The latter group wished to see specific reference to ‘victim’ rather than just ‘public’ protection and safety. Some organisations and individuals (mainly professionals in the justice sector) highlighted the interrelated nature of these two purposes – they said that successful public protection depended on effective rehabilitation and reintegration, and / or that any statement of the purpose of parole should strike a balance between these.

4.11 In addition, respondents also commonly said that a statement of the purpose of parole should include the following:

• A description of what parole is: Individuals in particular said that the definition should make clear that time spent on parole in the community is still part of an offender’s sentence, and involves supervision, conditions, and the possibility of recall. Some thought the definition should explain the legal basis for parole.
• Reference tothe principles that should guide the system: Organisational respondents in particular thought the definition should refer to the principles and approaches underpinning the parole system. Specifically, they wished to see a parole system that is: (i) victim-focused, (ii) proportionate, fair and consistent, (iii) evidence-based, (iv) trauma informed, (v) open, transparent and accountable, (vi) rights-focused, and (vii) joined up across the justice sector.
• Operational information about the parole system: Individuals in particular thought the definition should include information about issues such as eligibility, timescales, and criteria considered in parole decisions.

Individuals with experience of custody

4.12 Questions 1 and 2 in the prison questionnaire (see Chapter 2 and Annex 1) were similar (but not identical) to the online questionnaire.

Question 1: Do you think it is a good idea to have a definition that clearly explains the purpose of parole in Scotland?

Question 2: If Scotland made a clear rule about what parole is for, what things do you think should be in that rule?

Defining the purpose of parole

4.13 Individuals with experience of custody were almost all in favour of having a definition of the purpose of parole. Of the 125 respondents who answered the question:

• 117 said ‘yes’
• 3 said ‘no’
• 2 said ‘other’
• 3 said ‘not sure’.

4.14 Respondents thought a definition stating the purpose of parole would provide clarity and improve understanding of the parole system – for the public, victims and families, justice bodies, as well as those in custody. Comments often suggested that respondents thought the proposed definition should cover how the parole system operates, as well as, or rather than, the purpose of parole.

4.15 Respondents commenting further mainly focused on perceived benefits to those in custody. They noted a lack of information and understanding about parole and the parole process; conflicting information from different sources; and a reliance on others in custody for information. Respondents highlighted how important the possibility of parole was to those in custody. They said that a clear definition would provide clarity on the parole process (in terms of timelines, eligibility, and requirements in achieving parole) and give people in custody something to work towards; would give hope while also helping to manage expectations; and would support the mental health of those in custody.

4.16 Individuals with experience of custody who did not answer ‘yes’ at this question said that people already knew what parole was, or said that a single definition would not apply to all circumstances or would not be applied correctly.

What should be included in a rule about parole

4.17 At Question 2, individuals with experience of custody highlighted three main things for inclusion in a ‘rule’ about what parole is for:

• Information about the parole process – including, for example, on timelines, processes, hearings, and the factors considered when making parole decisions
• A statement of the purpose of parole – while respondents most often mentioned rehabilitation and reintegration in this context, some also mentioned risk management, and public and victim safety
• A description of what parole is.

4.18 The most commonly mentioned of these points was information about the parole process. This reflects the comments at Question 1 from those with experience of custody who reported a lack of knowledge about the parole process.

4.19 However, the wording of this question in the prison questionnaire, and the use of the word ‘rule’ in particular may have led respondents to understand and answer the question in a different way to those completing the online questionnaire. Thus, comments from those in custody often focused on the ‘rules’ relating to operational processes involved in the parole system, and particularly the ‘rules’ for being granted parole. The comments from some also suggested that respondents thought there should be ‘rules’ about certain aspects of the process such as the provision of courses, the meeting of timelines, and the granting of parole when a failure to meet set requirements was outwith the control of the individual being considered for parole.