Multi-Agency Public Protection Arrangements (MAPPA): national guidance

16. Parole Board for Scotland

Background

16.1 The relevant legislation in relation to the release of prisoners is the Prisoners and Criminal Proceedings (Scotland) Act 1993 and applies to prisoners sentenced on or after 1 October 1993. The detailed procedures for parole consideration in relation to these prisoners are governed by The Parole Board Rules (Scotland) 2001 as amended.

16.2 The Parole Board (Scotland) Rules 2001 as amended set out the matters which may be taken into account by the Parole Board in considering references by the Scottish Ministers.

Parole Board for Scotland

16.3 The Parole Board for Scotland is a Tribunal non-departmental public body. It is recognised by the Supreme Court as a judicial body and a court for the purposes of Articles 5(4) and 6(1) of the European Convention on Human Rights. It is independent of the Scottish Government and impartial in its duties.

16.4 The Parole Board's main aim is to ensure that those prisoners 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. It is not the responsibility of the Parole Board to consider questions of punishment and general deterrence.

16.5 The Parole Board only grants release in determinate sentences and extended sentences where the individual has never been recalled to custody and where it is satisfied that the risk posed by them can be safely managed in the community. In indeterminate sentences it will grant release where it is satisfied that it is no longer necessary for the protection of the public that the individual should remain in prison. In the case of an individual who is subject to an extended sentence and has been recalled to custody, will grant release where it is satisfied that it is no longer necessary for the protection of the public from serious harm that the individual should be confined.

16.6 The type of sentence imposed will determine at which point in the sentence the Parole Board will consider release and under what procedures the review will take place.

16.7 The Parole Board has powers to:

• make a binding recommendation for the release of individuals subject to a determinate sentence of four years or more, and the conditions to be attached to their licences.
• make a binding recommendation for the release of individuals serving extended sentences serving a combined custodial term and extension period of four years or more, and the conditions to be attached to their licences.
• direct the release on life licence of individuals serving an indeterminate sentence.
• make a binding recommendation for 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 considered to be in the public interest.
• request information from any person and in any form and in some cases to require such information or face a criminal sanction.
• cite witnesses to attend hearings and to give evidence, or in some cases face a criminal sanction.

16.8 The Parole Board may direct the Scottish Ministers to re-release any individual who has been recalled to custody. The re-release of individuals subject to life sentences and those subject to extended sentences and recalled during the extension period must be considered by a Tribunal of the Board.

16.9 The Parole Board also makes binding recommendations to the Scottish Ministers on any additional conditions to be attached to release licences.

16.10 The Parole Board operates as the appellate body in the case of alleged breaches of Home Detention Curfew (HDC) conditions.

Parole Scotland

16.11 Parole Scotland is responsible for providing day-to-day administrative support to the Parole Board for Scotland. On receipt of cases from the Scottish Prison Service or the Scottish Government, Parole Scotland schedules the case for a Casework Meeting or a Tribunal based on the type of case and informs all parties of the Parole Board's decision following consideration of the case.

Contact Details:

casework@paroleboard.scot

Parole Board - MAPPA Considerations

Information to the Parole Board

16.12 Six months prior to a prisoner's review date, SPS will write to the MAPPA Co-ordinator advising that the review has commenced and that the decision of the Parole Board should be known approximately 10 weeks before the review date. This notification will also advise the MAPPA Co-ordinator to liaise with community based Justice Social Work (JSW), who have the statutory responsibility for the reporting on the recommendation of licence conditions to the Parole Board. If the Responsible Authorities wish to send information to the Parole Board, this information should be passed to the relevant Justice Social Worker who should ensure that the content is sufficient to support any request.

16.13 JSW preparing reports for the Parole Board must not quote a MAPPA meeting as a source of information, except with the MAPPA Chair's permission or where required to do so by the Board. If the report writer wishes to use a specific piece of information that has been shared at a MAPPA meeting, they must first consult the agency which provided it to seek approval to use the information in the report. The information must be attributed to the agency and the content agreed with the agency representative who attended the meeting. However, where the Board requires further or more detailed information, this must be provided.

16.14 If the individual has been released on licence, is in custody and serving between six months and four years for a sexual offence, or is being considered by a Tribunal of the Parole Board (life sentence prisoners and extended sentence prisoners recalled in the extension period of their sentence), then the information will be processed on behalf of the Scottish Ministers through the Scottish Prison Service Parole Unit.

16.15 Members of MAPPA meetings should not contact the Parole Board directly unless required to do so by the Board.

Requests and requirements for MAPPA Minutes or other information

16.16 When dealing with a case under part III of the 2001 Rules, the Board has power to request and consider "information from any person and in any form".

16.17 When dealing with a case under Part IV of the 2001 Rules, a Tribunal of the Board has power to "require any person to attend a hearing and to give evidence at a hearing, or to produce documents which relate to any matter in question at a hearing". In terms of Rule 24, the Chairman of the Tribunal may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the hearing, and may take evidence on oath.

16.18 Any person who fails to comply with such a notice shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale (£200) or to imprisonment for a term not exceeding three months, or to both.

16.19 There is, therefore, a legal requirement to attend a Tribunal hearing and give evidence or to produce documents or face a criminal sanction.

16.20 There will be occasions where, what is referred to in the 2001 Rules as "damaging information", should not be disclosed to the individual or their representative. Examples of this might include police intelligence in relation to an on-going investigation, information which might lead individuals to be vulnerable to retaliation or where it would not be in the public interest to disclose such information. SPS can decide that information contained in the dossier is "damaging information". The Parole Board can also make a decision on what should not be disclosed. When deciding if any written information or document is "damaging information", consideration should be given to the following:

• any likely adverse effect to the health, welfare or safety of a person,
• if it would be likely to result in the commission of an offence,
• if it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody,
• it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders, or
• it would be likely otherwise to damage the public interest.

16.21 Rule 6 of the 2001 Rules requires that "the damaging information" be disclosed to the Tribunal or panel in its entirety. Where such "damaging information" is present, the individual requires to be notified of this fact and provided with the "substance" of the information (i.e. as much information as can be safely disclosed) unless disclosing the substance would prejudice the purposes for which the information is not being provided.

16.22 Where any agency fails to disclose information which has a substantial bearing on risk, they may be in breach of the 2001 Rules. Where a Tribunal or panel directs release in ignorance of that information, the agency could be subject to civil action including where appropriate a Judicial Review.

16.23 If the Parole Board requires or requests a copy of relevant MAPPA minutes or other information or cites witnesses to attend hearing and give evidence in respect of an individual, the matter should be referred to the Chair of the MAPPA meeting concerned and the MAPPA Co-ordinator.

16.24 All requirements, requests and decisions relating to the disclosure of the MAPPA meeting minutes or other information must be recorded on case management records including ViSOR. Provision of information should be recorded by the MAPPA meeting Chair in a Minutes Executive Summary and covering letter.

16.25 Communication in reply to the Parole Board should be through the JSW unless otherwise directed by the Board.

Parole Board – Critical dates

16.26 Information about Parole Qualifying Dates (PQDs) and the Earliest Dates of Liberation (EDLs) are held by SPS. These dates must be passed to the MAPPA Co-ordinator and the community based relevant Responsible Authorities as soon as they are known. This will allow forward planning in respect of housing and potential risks to public protection. This should be done, even if SPS consider that there is little likelihood of release. The dates should also be recorded on ViSOR.

Throughcare Licence Breach Report

16.27 Revised guidance and a template for providing Throughcare licence breach reports issued to all Local Authorities in October 2018. The completed breach report should be sent to the Community Licence Team for onward referral to the Parole Board. The Board will then consider the recommendation made by the community based justice supervising officer and will reach a decision based upon the full facts of the case. This will include, for example, the nature of the reported breach, the individual's criminal record, history of substance abuse and, current risk assessments.

16.28 Section 17 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 sets out the different recall conditions for short term and long term prisoners. Where the JSW supervising officer makes a recommendation for an immediate recall to custody (Scottish Ministers' recall), a decision can only be made where it is expedient in the public interest to do so. Where a Scottish Minister's recall has not been made the case will be referred to the Parole Board to consider.

16.29 In an emergency situation, where it is deemed that there has been a serious breach of licence, contact arrangements are available for out of hours emergencies. Justice Social Work (JSW) or Police Scotland should contact the Scottish Government Security Staff Control Room (0131 244 4000) who will contact a designated member of the Community Licence Team. A discussion can then take place between the supervising officer/emergency duty social worker, Police Scotland and Community Licence Team staff. Any emails regarding possible breaches should be sent to Community Licence Team communitylicence@gov.scot.