Parole referral power guidance
A new Secretary of State power to strengthen public confidence in the parole system.
Applies to England and Wales
Overview
The parole referral power was introduced following recommendations from the Root and Branch Review of the Parole System and concerns raised in high-profile cases. Its aims are to:
- provide additional scrutiny for decisions involving the most serious offences
- maintain public confidence in the integrity and fairness of the parole process
What does the power do?
The power allows the Secretary of State to refer certain release decisions of the Parole Board to the High Court. The High Court will then decide whether the prisoner can be released or must stay in prison for the protection of the public.
When can it be used?
The referral power applies only in limited circumstances and is limited to top-tier offences, which are:
- murder
- rape
- terrorism or terrorism-related offences
- causing or allowing the death of a child
Two tests must be met:
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The Secretary of State believes the release would undermine public confidence in the parole system. sets out when a case will meet the public confidence test.
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The Secretary of State considers that the High Court might not be satisfied that the release test has been met (i.e., that continued confinement is no longer necessary for public protection).
Who can exercise the referral power
Only the Secretary of State has the right to exercise the parole referral power.
How the parole referral process works
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The Parole Board recommends release in a top-tier case.
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The Secretary of State reviews the decision and considers whether referral criteria are met.
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If referred, the High Court will review the case and decide whether the prisoner can be released or must remain in prison for the protection of the public.