Questions on strengthening the voice of victims in the parole process
1. Do you think victims and their families should have a greater voice in the parole process?
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Yes
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No
2. Do you think victims and their families should be entitled to attend parole hearings in person?
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Yes
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No
3. Do you think there should be clear criteria on the kinds of information the Parole Board should consider in relation to the safety and welfare of victims and their families?
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Yes
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No
If Yes, in your view what should that criteria be? If No, why not?
If the case being reviewed includes ongoing harassment or malice towards a specific family or group then a complete cessation of malicious activities upon release should be a specific term of release.
4. Do you think more could be done to strengthen the Parole Board’s current use of licence conditions (including conditions to exclude individuals from certain areas, or from certain individuals)?
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Yes
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No
If Yes, what would the implications be of extending this and how could this be managed in the community? If No, why not?
More probably could be done. However, if a prisoner is being released then the risk will already have been assessed - hopefully correctly. While seeing a perpetrator in a locale may be upsetting to the original victims of the crime, Scotland is a free country in which there should be no specific exclusion zones.
5. Do you think that victims and their families should receive information on the reasons for the Parole Board’s decisions in their case?
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Yes
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No
Questions on ensuring transparency
6. Should others be routinely entitled to attend parole hearings?
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Yes
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No
7. Should information be routinely shared with others?
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Yes
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No
If Yes, what level of information should be shared or what more could be done? If No, why not?
Not routinely. The data protection act would generally prohibit this kind of personally identifiable information to those persons or organisations which do not have a specific role in the care of the prisoner.
8. Do you feel that some information regarding parole decisions should be published proactively?
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Yes
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No
If Yes, what level of information do you feel should be published? If No, why not?
Not in individual cases. General guidelines on standard practice should be available to all, but the expectation would be that the sentence should be proper for rehabilitation and the parole decision correct with suitable terms of release set. With these systems working correctly, justice should be considered served after the full sentence is completed.
The notes throughout will be there for review if there's ever a reason that the prisoner needs to be recalled.
The notes throughout will be there for review if there's ever a reason that the prisoner needs to be recalled.
9. Do you think the work of the Parole Board is sufficiently visible?
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Yes
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No
If Yes, why do you think that? If No, what more could be done?
The work of the parole board should be done behind closed doors.
Questions on Improving Support for Decision Making
10. Do you think that consideration should be given to widening the information available to the Parole Board by establishing a function to investigate and collate information from other bodies?
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Yes
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No
If Yes, who should provide that function and in what circumstances? If No, what other options are there to improve information gathering?
Parole should be based upon standard parole guidelines, behaviour while in prison and be set with appropriate parole terms. The kind of "investigation & collation of information from other bodies" as noted here, and in the consultation paper, smacks of adding time to a sentence without due judicial process being followed.
If an official investigation is underway, the onus should be on the investigating department to be aware of the likely dates of the first parole hearing and inform the parole board at that time. In the event that the defendant of the fresh case would present a higher risk of absconding, this should be taken into account. However, this should be an exceptional circumstance, not the norm. If a prisoner is approved for parole for their original crime, with no additional charge officially in place, parole should go through as normal.
If an official investigation is underway, the onus should be on the investigating department to be aware of the likely dates of the first parole hearing and inform the parole board at that time. In the event that the defendant of the fresh case would present a higher risk of absconding, this should be taken into account. However, this should be an exceptional circumstance, not the norm. If a prisoner is approved for parole for their original crime, with no additional charge officially in place, parole should go through as normal.
Questions on information for prisoners on the parole process
11. Do you think that prisoners currently receive the information they need to enable them to participate in the parole process?
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Yes
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No
If Yes, why do you think that? If No, what information or help do you consider should be provided to help prisoners understand the parole process and their licence conditions?
I don't see anything specific missing from information provided to prisoners. However, I would attempt to ensure that they understand what they have been provided with.
12. Do you think that more could be done to make sure that prisoners understand their licence conditions and the consequences of breaching them?
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Yes
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No
If Yes, what do consider is the best approach to ensure prisoners understand the terms of their licence and who is best placed to provide information? If No, why not?
Conditions and consequences explained at multiple points through the release process, starting with the parole board.
Questions on supervision, review and recall
13. Is there a requirement for an additional review process (at least initially)?
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Yes
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No
If Yes, who should carry out that review and what would you see as the advantages or disadvantages of an additional review? If No, why not?
The Criminal Justice Social Worker overseeing the case. If there any concerns during the parole period a panel of Criminal Justice Social Workers should be convened.
14. In relation to revocation of licence and recall to custody. Do you consider social workers should be able to refer directly to the Parole Board?
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Yes
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No
If Yes, what are the implications of this change and how could this be managed? If No, why not?
Speed of recall is the biggest implication. This should be after a review meeting with a panel of social workers rather than an individual - possibly of an external group rather than the local group.
Questions on independence and governance
15. Do you agree that a transfer to the Scottish Tribunals would enhance the independence of the Parole Board?
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Yes
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No
If Yes, what do you consider the advantages and disadvantages would be with such a transfer? If No, Why not?
Since the parole board is already independent, a transfer to another independent body should make no difference. However, that's not to say there should be any objection to doing this for efficiency purposes.
16. A review and appeal are available in the Scottish Tribunals. Do you consider these processes should be available for the Parole Board?
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Yes
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No
If Yes, what are the benefits of having these processes available? If No, why should these processes not be made available in the case of the Parole Board?
Yes, though any appeal from a prisoner which is reviewed and considered vexatious should have the time taken for the appeal to reach the same conclusion to be considered the last parole review date. This would (I expect) increase the length of time between the start of the original review and the date of the second, thereby adding to the potential length of the sentence for parole board hearings which were obviously fair and correct in the first place.
Any prisoner considering an appeal in this respect should be made fully aware of the likelihood of an extension to total time served for a failed review before deciding to start one.
Any prisoner considering an appeal in this respect should be made fully aware of the likelihood of an extension to total time served for a failed review before deciding to start one.
About you
Are you responding as an individual or an organisation?
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