Response 402888490

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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?

Please select one item
Yes
No
If Yes, what more could be done to help victims and their families be heard? If No, why not?
The Notification System does not appear to be working effectively. Information is being passed incorrectly or not timeously.

Victim impact statements to the Parole Board result in victims being re-traumatised. Could this be done differently?

2. Do you think victims and their families should be entitled to attend parole hearings in person?

Please select one item
Yes
No
If Yes, what wider considerations would be necessary to manage this process, what support should be available and who should be responsible for providing that support? If No, why not?
Consideration should be given on a case by case basis.
Full disclosures, support from third party agencies will be needed to support the victims to manage this process. Victim Support could provide this support.

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?

Please select one item
Yes
No
If Yes, in your view what should that criteria be? If No, why not?
On going associated risks of victims living within a close vicinity to the offender.
Any further support the victims have required since the sentencing of the offender.

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)?

Please select one item
Yes
No
If Yes, what would the implications be of extending this and how could this be managed in the community? If No, why not?
Licence conditions could be clearer in terms of how they are written. Criminal Justice Social Workers are often left clarifying and reinforcing the conditions through re-wording them so the offender fully understands the language that is used.

5. Do you think that victims and their families should receive information on the reasons for the Parole Board’s decisions in their case?

Please select one item
Yes
No
If Yes, what kind of information would be most helpful and how should that be provided? If No, why not?
Accountability for decisions would be helpful for victims. Full risk assessment toll finding would be overwhelming and unhelpful but an oversight of the risk and need the offender present would help the victim to appreciate the decision making process.

Questions on ensuring transparency

6. Should others be routinely entitled to attend parole hearings?

Please select one item
Yes
No
If Yes, who should be able to attend, in what circumstances and for what part of the proceedings? If No, why not?
There is a general lack of understanding around the processes of Parole. The time needed to explain the process to a lay person would likely outweigh the benefits.

7. Should information be routinely shared with others?

Please select one item
Yes
No
If Yes, what level of information should be shared or what more could be done? If No, why not?
Any information that either the victim or the offender has can be shared with who they chose to share it with.

8. Do you feel that some information regarding parole decisions should be published proactively?

Please select one item
Yes
No
If Yes, what level of information do you feel should be published? If No, why not?
Media attention could have a negative impact if stories are published and then taken out of context. There is also a risk of identifying individuals.

9. Do you think the work of the Parole Board is sufficiently visible?

Please select one item
Yes
No
If Yes, why do you think that? If No, what more could be done?
The Parole Board fulfils a process. Those involved in this process directly should be informed and supported. Those out with the process would gain little from minimal insight into the workings of the Board.

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?

Please select one item
Yes
No
If Yes, who should provide that function and in what circumstances? If No, what other options are there to improve information gathering?
Criminal Justice Social Work should be collating all the information needed from other bodies and presenting this to the Board in reports. A full and frank account of the offender's risks and needs can only be presented with consultation from other parties involved. This should continue to be the case.

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?

Please select one item
Yes
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?
Feedback from prisoners suggest that they do receive the information they require. It is then a personal choice as to whether they engage with the process. Support from their legal team then various depending on the legal representation.

12. Do you think that more could be done to make sure that prisoners understand their licence conditions and the consequences of breaching them?

Please select one item
Yes
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?
An easy read version would be helpful. Too often literacy issues prevent prisoners from fully comprehending the condition.

Questions on supervision, review and recall

13. Is there a requirement for an additional review process (at least initially)?

Please select one item
Yes
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?
This would support CJSW in the supervision of the offender. This also highlights joint working between all agencies.

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?

Please select one item
Yes
No
If Yes, what are the implications of this change and how could this be managed? If No, why not?
CJSW currently have positive information sharing with Police and Parole Board in terms of breach reports. Referring directly to the Board would further streamline the process.

Questions on independence and governance

15. Do you agree that a transfer to the Scottish Tribunals would enhance the independence of the Parole Board?

Please select one item
Yes
No
If Yes, what do you consider the advantages and disadvantages would be with such a transfer? If No, Why not?
There could be a conflict of interest in terms of transferring this process. Impartiality is a key element of the current process, this would need to be ensured going forward.

16. A review and appeal are available in the Scottish Tribunals. Do you consider these processes should be available for the Parole Board?

Please select one item
Yes
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?
This would allow a full and complete process to be accessed by prisoners. Oversight of these facilities would require a robust reviewing board. In terms of justice, fairness and due process, it would appear right that this was an option.

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation

What is your organisation?

Midlothian Council