STOP PRESS: This Practice Note is being reviewed in light of recent developments in the process for challenging a preliminary decision of the Parole Board. Scope of...
The scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention...
Statutory Functions The parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning the early release...
What is IEPS? The national Incentives and Earned Privilege Scheme (IEPS) was introduced in 1995 on the recommendation of Lord Justice Woolf following the Strangeways...
Judicial review of decisions affecting prisoners The decisions of a public authority including prisons, Parole Board and Government departments, can be challenged by way...
Parole Board recommendations for licence conditions When directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the Parole Board is...
Mandatory drugs testing—when and why? Mandatory drug testing (MDT) was introduced in 1995 through an amendment to the Prison Act 1952 (PA 1952). It is an offence against...
Offending behaviour programmes An accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are delivered by a...
Test for release: determinate sentences The majority of prisoners serving determinate sentences will be released automatically once they have reached the half way point...
Prison property Prison Rules 1999, SI 1999/728, r 43 provides statutory authority for the Secretary of State to issue directions concerning the property that prisoners...
Can a prisoner request a transfer? Prisoners in England and Wales (either on remand or after conviction) can lawfully be held in any prison and there is no legal right to...
Categorisation is the process by which a prisoner’s security category is determined. This affects the type of prison in which they may be held, but it is distinct from...
Types of release on temporary licence There are four types of release on temporary licence (ROTL): • resettlement day release • resettlement overnight release • childcare...
Repatriation is the process whereby a prisoner serving a sentence of imprisonment in one country may be able to serve the balance of their sentence in their country of...
Fundamental principles Detail on the general principles applicable to the sentencing offenders can be found in Practice Notes: • Sentencing, and • Pre-sentence reports...