Functions of the Parole Board
Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors

The following Corporate Crime practice note produced in partnership with Simon Creighton of Bhatt Murphy Solicitors provides comprehensive and up to date legal information covering:

  • Functions of the Parole Board
  • Statutory Functions
  • The scope of article 5(4)
  • Life and indeterminate sentence prisoners
  • Extended sentence and terrorism sentence prisoners: initial release
  • Extended sentence prisoners: re-release following recall
  • Determinate sentence prisoners: initial release
  • Determinate sentence prisoners: re-release following recall
  • Compassionate release

Functions of the Parole Board

Statutory Functions

The parole board (Board) is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning the early release or recall of prisoners. The Secretary of State is required to refer to the Board in the following cases:

  1. in respect of the initial release of prisoners serving sentences of four years or more when sentenced before 4 April 2005

  2. before directing the re-release of prisoners serving determinate sentences who have been recalled to prison for breach of their licence

  3. before directing the initial release of prisoners serving applicable extended determinate sentences or serious terrorism sentence

  4. before directing the re-release of prisoners serving extended sentences (whenever imposed) or serious terrorism sentences, who have been recalled to custody

  5. before directing the release of prisoners serving life or indeterminate sentences prisoners (ISPs)

  6. before directing the re-release of any ISP who has been recalled to prison, and

  7. in respect of compassionate release of prisoners serving both determinate and indeterminate sentences

Although the Board is recognised as a court when deciding whether to direct a prisoner's release and for the purposes of Article 5(4) of the European Convention on Human Rights (see further below), it is entirely a creature of statute and has no inherent jurisdiction.

As a result of the Prisoners (Disclosure of Information About

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