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’

This means that authors of parole reports and recall review reports (Probation Officers, Probation Service Officers, Prison Offender Managers and psychology staff), are no longer allowed to provide a view or recommendation to the Parole Board Panel, as to whether the prisoner is suitable to be released or moved to open conditions. To accompany that change, the Generic Parole Process Policy Framework and all associated report templates and processes are being amended so that they will not be permitted to provide a view or recommendation.

This takes effect from 14th July, on and after, for parole reports and recall review reports and from 21st July, for oral hearings, unless the report was submitted prior to 14th July. I will be required to countersign all parole repots. When countersigning all parole reports and addendums due for submission on or after July 14, including pre-tariff reports, and all Part B and C recall reports, I must check that they are on the new templates whereby the recommendation section has been removed, and ensure they do not contain any recommendations or views about suitability for release or open conditions. I must not countersign unless I am satisfied that the report complies with this requirement.

I will need to make an entry on NDelius using the parole management oversight entry (Management Oversight – Parole/ General/MAPPA’ – ‘Pre-release discussion’) making it clear that I have checked the report is free from a view or recommendation about suitability for release or open conditions.  I will need to ensure that my staff are clear and feel prepared for an oral hearing, including the language staff are planning to use. The Guidance contains a helpful section to support the use of suitable language.

I can find more detail on these changes, including applicable cases and a report writers’ checklist in the Guidance. It also contains the briefing dates and access links and answers to frequently asked questions.

Briefings are being held regularly starting on 12^th July and can be accessed via the Hub Page using the Further information link on the right. There is also a recorded version to share with staff here.

Please 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 or watch the recorded version as early as possible.