Prison emergency early release: veto guidance for governors

Identified individual/group

Identified individual

Whilst it remains important to have an identified individual or group to apply the Governor’s veto, there is not a requirement for that identified individual or group to be clearly identified by name in the information being considered.

The GIC should utilise an evidence-based approach in considering the nature of any particular risk, comment, or threat. This includes any available information from previous risk assessments that highlight specific concerns around individuals or groups who might be at immediate risk from the individual if they were released.

The identified ‘individual’ considered to be at risk may also be the prisoner themselves. For example, in cases where an individual is managed under the SPS Talk to Me strategy, or the SPS Management of an Offender at Risk due to any Substance (MORS) policy, it may be relevant to consider these circumstances when considering the application of the veto. Other significant health and welfare concerns which would be negatively impacted by an earlier release (rather than the scheduled release) may also require consideration. As with veto decisions, a decision to veto the prisoners release on such grounds must be proportionate to the circumstances.

Examples of ‘identified group’

It is not possible to provide a definitive definition of what should be interpreted as “a group”, or to provide a comprehensive list of applicable groups. Again, the GIC should use their professional judgement in considering the nature of any particular risk, comment, or threat. This includes any available information from previous risk assessments that highlight specific concerns around individuals or groups who might be at immediate risk from the individual if they were released under the emergency release.

For the purpose of this work, a “group” may be considered as one of the following list of examples, but this list is not exclusive or exhaustive:

• members of a family, friendship group, or other social grouping (including places of work, event attendees, supporters of sports teams etc)
• people of specific racial, ethnic or religious groups
• people in other protected characteristics (gender, sexual orientation, age, disability)
• members of specific gender (especially in terms of violence or sexual offences). This can be interpreted as significant risk to women generally (not only to an identified woman)
• individuals connected to a criminal enterprise or Serious & Organised Crime Group
• participants in legal processes (police, lawyers, court officials, witnesses, jury members etc)

Where there is information about the prisoner that indicates a threat or intention to act – even if the target of that threat is not tightly defined – this should also be considered within the Governor’s veto process, and judged in line with the wider information available to GIC’s at the time of each case review during the emergency release process.