Voices in Justice: Parole Reform in Scotland
Factors considered in parole hearings, and review and appeals process
When making decisions on release, the Parole Board considers all available and relevant information in the case including all the reports contained within the referred dossier. The Parole Board will also take into consideration a number of matters as required by the Parole Rules.
The Parole Rules currently list the following examples of the factors relating to the person’s case that may be considered by the Board:
- the nature and circumstances of any offence of which the person has been convicted or found guilty by a court;
- the conduct of the person over the duration of their current sentence or sentences;
- the risk of the person committing any offence or causing harm to any other person if released on licence;
- what the person intends to do if released and the likelihood of that person fulfilling those intentions;
- the effect on the safety or security of any other person (including any victim or any family member of a victim, or any family member of the person concerned), were the person to be released;
- where the panel believes that the person has information about where or how the victim’s remains were disposed of which that person has not disclosed.
This list is not exhaustive, and the Parole Board can take into consideration any matter that appears to them to be relevant in making their decision.
Review and Appeal
At present there is no appeal process for parole decisions. For example, if a person in prison wishes to challenge a decision not to release them the only route open to them is to seek a judicial review. Provisions incorporated into the 2022 Parole Rules allow for internal review of parole decisions where there has been an administrative error or procedural defect. This applies only to decisions not to release a prisoner.