lecture 15 - release and resettlement (getting to the gate) Flashcards
1
Q
when a prisoner is released depends on what 3 things?
A
- the length of their sentence
- their behaviour in prison
- any time spent on remand (waiting for their trial)
2
Q
what 3 main length of sentences
A
-fixed term or determinate sentence
- extended sentence
- indeterminate sentence
3
Q
what is a fixed term or determinate prison sentence
A
where the court sets a fixed length for the prison sentence
4
Q
what is the most common type of prison sentence
A
fixed term or determinate prison sentences
5
Q
when is automatic release for most common type of custody for determinate sentences
A
standard determinate sentences with automatic release at the halfway point
6
Q
anyone sentenced to over 7 years and to certain sexual/ dangerous offence has automatic release when
A
automatic release at two thirds of the sentence
2/3
7
Q
anyone that serves over how many years is on a long prison sentence
A
10+ years
8
Q
long determinate sentences of 20 years are released when in the sentence
A
halfway point
9
Q
what are release conditions for determinate prison sentences
A
- many will be on licence for remainder of their sentence
- licence period can be recalled to prison
10
Q
if determinate prison sentence is less than 12 months what happens
when does it finish
A
- a period on post-sentence supervision
- this finishes 12 months after being release from custody
11
Q
offenders serving between 3 months adn 4 years may be eligible for release on what?
A
home detention curfew
12
Q
home detention curfew allows an offender to be released how many days before their automatic release date
A
180 days
(used to be 135)
13
Q
3 positive outcomes of home detention curfews
A
- eases overcrowding
- aid resettlement
- eligibility exceptions
14
Q
what are extended sentences used for
A
for offenders who are assessed as dangerous but for whom a sentence of life is not justified
15
Q
2 parts of extended sentences
A
- custodial period
- an extended period of licence
16
Q
when are you released from custodial period of extended sentences
A
- automatically after serving 2/3rds of sentence
- or not released automatically but eligible for parole
- if dont get parole - released automatically at end of custodial period
17
Q
how is the licence period decided by the judge for extended sentences
A
- length of time considered necessary for protecting the public from serious harm
18
Q
when did the law remove automatic release for extended sentences
A
13 april 2015
19
Q
what is an indeterminate prison sentence
A
- does not have a fixed length of time
- offenders must spend a minimum amount of time in prison (tariff) before being considered for release
20
Q
example of indeterminate sentence
2 types
A
life sentences
- mandatory
- discretionary
21
Q
what does a whole life order mean
A
only a whole life order will mean that the offender must spend the rest of their life in prison
22
Q
for all other offenders (not life sentencers) what happens for indeterminate prison sentences
A
- judge sets minimum term offender must serve before they can be considered for release by the parole board
- when released they remain on licence for rest of their life
- can be recalled to prison if considered a risk
23
Q
does an offender on licence for indeterminate prison sentence have to have committed another offence to be recalled to prison
A
no
just considered a risk
24
Q
what is the parole board
A
- independent body that carries out risk assessments on prisoners to determine whether they can be safely released into the community
25
what act introduced the parole board
criminal justice act 1968
26
who did the parole reform
padfield 2019
27
most recent parole reform
- cases of parole failure (colin pitchfork)
- controversial decisions (john worboys)
28
in 2018-19 what was reformed in the parole board? why? what was introduced?
rule 25 of parole board rules
- to allow summaries of parole board decisions to be provided to victims and other interested parties
- intro of a reconsideration mechanism
29
the parole board today is responsible for the release of all those sentenced to? LIE
Life sentence
indeterminate sentence
extended sentence
30
what jobs does the parole board today do
- transfer decisions to open prisons
- change to licence conditions
- recall decisions
31
what are parole board members
how are they recruited?
- public appointees recruited by the secretary of state for justice
- variety of backgrounds
- includes specialist members
32
the parole board is not representative of what
not at all representative of the wider community
33
in parole hearings how many members
1 to 3 members
and specialist members allocated based on facts of case
34
what is a new requirement of the parole board
- must include members with law enforcement background
35
what is a new power for the parole board
- new power to allow the secretary of state to direct the composition of panels
36
parole process
- prisoner gets application form prior to parole eligibility date
- prison puts together file on prisoner
- prisoner can add evidence to this to show why they should be released
- public hearing - prisoner can have legal aid/ solicitor
- up to 3 members of panel decide on whether prisoner should be released/ moved to open conditions based on info
37
what does the parole board panel consider for prisoners being released/ moved to open conditons
- behaviour
- release plans
- RISK
- why they are in prison
- previous offences
- judge comments at sentencing
- medical, psychiatric and psychological evidence
-victim personal statements
38
what is no longer included in the parole panel when deciding on release/ move to open conditions
-the prisoners offender managers (prison/ probation officer) opinion and decision on suitability
39
if the parole hearing is unsuccessful how long is it before a case can be reviewed again?
within 2 years
40
when was the amendments to rule 25 of parole board rule
2018
41
when was the first public hearing for parole board
12th december 2022
42
what are the concerns for public involvement for parole board
concerns over confidentiality and safety of those involved
43
what do parole members think of public involvement
- view the public as ill-informed and overly emotional with increasing public hostility towards them
- easily influenced by high profile cases
- concerned they could be scapegoated
- issues around maintaining prisoners right to privacy
- already public engagement activities
44
what is the warning for new proposals for public involvement in parole
- current public engagement has limited effect on public opinion, particularly when there are catastrophic failures
45
what is there greater ministerial scrutiny on
- release of most dangerous offenders, including new power to block their release in interests of public safety
- transfer of life and other indeterminate sentenced prisoners to open conditions
46
what is the changing in the law for increased political oversight
changing law to increase proportion of parole board members from policing backgrounds, and ensure they sit on hearings for most dangerous offenders
47
what attracted a lot of criticism and was subject of a MOTION OF REGRET in the lords in october 2022
evidence no longer including recommendations from witnesses (prison and probation staff/ psychologists) on a prisoner suitability for release or transfer to open conditions
48
consequences of not including witness evidence from prisoner staff/ probation/ psychologist
- undermines professional standing of witnesses for most risk assessment will be a core skill
- represents a major interference with the parole boards ability to operate independently
49
measuring risk
-what approach are the board required to apply
- what is the new power
- changes to formal test
- board required to apply a PRECAUTIONARY APPROACH to the release of offenders
- new power that allows secretary of state to BLOCK prisoners release/ transfer
50
transfer to open conditions second test
transfer deemed ESSENTIAL to inform future decisions about release and to prepare for possible release on licence into community
51
transfer to open conditions third test
transfer does not undermine public confidence
52
changes to the formal test led to what
led to fewer prisoners being approved to transfer to open conditions
53
public confidence test was removed and the second test now considers whether
there is a wholly persuasive case for transferring the ISP to open conditions
54
what balance remains disputed in parole risk assessment
balance between forward-looking and backward looking factors remains disputed
55
belief that parole board are too lenient may undermine what
may undermine publics confidence that the cjs can impose and enforce appropriate punishments
56
what does fitzgerald 2022 say
PPU
public opinion, public criticism, unmerited leniency
57
how many prisoners reviewed meet the test for release on parole
1 in 4
58
during 2021/22 what percentage of prisoners released by parole board were charged with serious further offence
0.5%
59
what does the prison reform trust bromley fact file say about the amount of people sentenced to 10 years or more in the 12 months to june 2021 than the same period in 2008
two and a half times as many people
60
parole decisions impact on
experiences (pains) of imprisonment
prison number/ overcrowding
61
what are seen as essnetial to prisoners parole dossier and getting to the gate
-open prisons
- release on temporary licence (ROTL)
62
Open prisons
what type of securty
what does it allow eligible prisoners to do
what do prisoners need to have done to be allowed open conditions
- minimal security
- allow eligible prisoners to spend most day away from prison on licence to carry out work, education or other resettlement purposes
- only house prisoners that have been risk assessed and deemed suitable for open conditions
63
what category of prisoners do resettlement prisons hold
cat C and D prisoners
64
How many category d open prisons are there open today
9 for men
2 for women
65
what was the first category d open prison
new hall camp 1933
66
what are the 2 category d open prisons for women
- askham grange
- east sutton park
67
what open establishment offers the lowest level of security in uk prison system and what are they aiming to reverse
category D
aiming to reverse some of the negative impacts of imprisonment through greater freedom and autonomy
68
clemmer 1940 and open prisons
reduce the effect of prisonisation
69
goffman 1961 open prisons
open prisons remove characteristics that make it a total institution
70
how many times are you required to attend roll call in cat d prison core day
3 or 4 times a day
71
in a typical cat d core day what is required to work through the gate through release on temporary licence
- resettlement day release
- resettlement overnight release
- special purposes licence
- childcare resettlement licence
72
coping mechanisms in closed establishments
over reliance on rituals and routines
73
research by shammas 2014 looks at an open prison where
prisoners said to experience...
norway
- prisoners said to experience confusion, anxiety and boundlessness, ambiguity and individual responsibility
74
what do griffin and healy say about the pains of open conditions
resisting temptation and individual responsibility - more to lose
release seen a concrete and tangible
75
what coping mechanisms needed for the pains of open conditions
remain productive
76
what is the key function of ROTL
to help prisoners reintegrate with the outside world again
77
examples of ROTL helping prisoners reintegrate with outside world
- allowing prisoners to leave prison to attend work and other approved appointments
- make gradual adjustment to independence
78
ROTL is the most effective way of making sure prisoners are?
- suitably risk assessed before being fully released into community under licence conditions
79
benefits of open prisons and ROTL
- education
- timpson - ROTL offers important opportunities to support resettlement and desistance
80
ROTL additional pains and challenges
- new routines, rules and people
- taste of freedom but not real freedom
- bittersweet
- unsatisfied, reminder of what they dont have
- greater self regulation and governance
81
ROTL challenges
- undermines public confidence - risk adverse
- seen with recent changes to parole and transfer decisions- any failure make obtaining ROTL harder
82
prisoners serving what sentences are subject to discretionary decision making
- indeterminate
- life
-extended determinate
83
for all prisoners the process of release involves careful pre-release preparation through what 3 things
- parole board
- behaviour in open/ prison
- behaviour on ROTL
84
