Parole referral power guidance
The Ministry of Justice (MOJ) has published guidance on the Secretary of State’s new power under section 32ZAA of the Victims and Prisoners Act 2024, which allows certain Parole Board release decisions to be referred to the High Court. This power applies only in exceptional cases involving individuals convicted of serious offences, such as murder, rape, causing or allowing the death of a child and terrorism-related offences. A referral may be considered where release could undermine public confidence in the parole system and where there is a real possibility that the High Court would not be satisfied that continued confinement is no longer necessary for public protection. If both requirements are met, the Secretary of State may refer the case and the High Court will determine whether the statutory release test has been satisfied.