Changes to the New test for open conditions

Following the conclusion of the Root and Branch review of the Parole system, Ministers have introduced a new test for open conditions which was launched on 6th June 2022. It states:

The Secretary of State (or an official with delegated responsibility) will accept a recommendation from the Parole Board (approve an Indeterminate Sentenced Prisoner for open conditions) only where:

1. the prisoner is assessed as low risk of abscond; and
2. a period in open conditions is considered essential to inform future decisions about release and to prepare for possible release on licence into the community; and
3. a transfer to open conditions would not undermine public confidence in the criminal justice system.

Open conditions test amendment

‘From 30^th June, for all cases, Practitioners are not required to assess whether a move to open conditions would undermine public confidence in the criminal justice system – this is a matter solely for the Secretary of State or his delegated authority ‘

With immediate effect, I will need to assess only the first two aspects of the new open test criteria. I am not required to assess the final element of the criteria – whether a move to open conditions would undermine public confidence in the criminal justice system. This is a matter solely for the Secretary of State or his delegated authority.

Any PAROM and addendum reports already submitted will not need to be retrospectively amended, but any PAROM and addendum reports I am drafting, must reflect this new test and new templates will be available from 8^th July.

This change will also have an impact on sentence planning within closed prisons and prisoner expectations of their potential journey to open conditions.

Single Secretary of State view.

In a small number of cases, a view about suitability for release or open conditions will be provided solely by the Secretary of State to the Parole Board, this will be called a Single Secretary of state View.

Recall reviews, Recommendations for release

In all cases, I must no longer present a view or recommendation as to the prisoner’s suitability for release or move to open prison conditions. Part B and Part C report templates will be amended from Wednesday 13th July and I can access them via nDelius. I must use the updated template from this date.

I can find more detail on these changes, including applicable cases and a report writers’ checklist in the Guidance, located on EQuiP HMPPS Parole, Recall and Open Test Changes – Guidance (Master) (justice.gov.uk)

I can join one of the live, weekly briefings at 1pm on Tuesdays by emailing Louise.Holmes4@justice.gov.uk  to book, or I can also watch a recorded briefing here  Staff Briefing; Parole, Recall review and open test changes 13th July 2022

We strongly encourage all staff who have reports due to be submitted, or those staff due to attend an oral hearing on or immediately following July 14 to attend a briefing as early as possible.