Written evidence submitted by the Parole Board for England and Wales (OUS0005)

The Parole Board for England & Wales welcomes the opportunity to contribute to this inquiry into the public’s understanding of sentencing.

The Parole Board is an independent court-like body that carries out risk assessments on prisoners to determine whether they can be safely released into the community. Detailed information about the Parole Board can be found on our web pages: https://www.gov.uk/government/organisations/parole-board

Please find below responses to some of the questions set out in the call for evidence.

What does the public know about the current approach to sentencing in England and Wales?

There is significant misunderstanding regarding different sentence types in England and Wales. Most individuals (over 90%) released from prison each year are released automatically without Parole Board involvement.  However, there is still a general misconception from the public that the Parole Board is responsible for most releases of individuals from prison.

The understanding of life sentences is also, often, confused, given the minimum tariff set by a judge represents the punishment part of the sentence. The decision from the Parole Board only concerns public protection after that minimum tariff is served, and that individual, if released, will spend the rest of their life on licence which is managed by the Probation Service. The notion that parole is an avenue for ‘early release’ is wholly inaccurate and in fact according to Ministry of Justice data, indeterminate sentenced prisoners on average spend an additional nine years and two months in prison beyond their minimum tariff, through decisions made by the Parole Board (Prison Reform Trust Bromley Briefing factfile Winter 2022: House of Lords written question HL3923, 24 November 2021).

How does the public access information on sentencing?

The avenues for accessing information are often fragmented and not particularly user friendly. Much of the terminology with sentencing is jargonistic and misunderstood outside of the Criminal Justice System – such as determinate and indeterminate sentences – which makes it hard to find the correct information.

The www.gov.uk website can be challenging to use and often information is held on individual organisation’s pages, rather than centrally.

What are the barriers to improving public awareness of how sentencing works?

In our experience there is a limited appetite for information when the system is progressing as it should; but rather interest comes when there are occasional controversial decisions, or when a heinous crime is involved.

Public awareness is driven by the cases in the news and that, by nature, is more focused on the high profile and more notorious cases.

To what extent does public understanding of sentencing affect public confidence in the criminal justice system?

Misunderstanding regarding the Parole Board’s role in the Criminal Justice System has a significant impact on the organisation. A lack of understanding of the punishment versus public protection phases of a sentence lead the public to believe that an individual is gaining ‘early release’ from a life sentence, rather than, in many cases, later, managed release for public protection. The notion that a life sentence means the individual will stay in prison for ever is a misconception the Parole Board often has to dispel when issuing a decision to release an individual serving a life sentence, which can contribute to undermining public confidence.

What could be done to improve public understanding of sentencing?

A central location on www.gov.uk holding easy to understand information on all sentence types and the potential avenues for ultimate release for individuals serving those sentences would support better access, leading to improved awareness and understanding.

Information should be tailored to the relevant audience as needs and interest will vary.  Information for victims is likely to be different from that needed by the general public, which in turn may be different from information that family and friends of prisoners will be looking for. Whilst there is already a range of information available for victims and prisoners, this is also fragmented and, in some places, out of date. Taking a holistic approach to providing information would be helpful.

The Sentencing Council has very good resources and these could be translated across for public information.

What is public opinion on sentencing, and how can it be ascertained or measured?

There are mixed views ranging from a stance that sentences are overly harsh and not supportive of rehabilitation, to some believing they are too lenient and there is not enough punishment.

The reporting across the spectrum of news outlets provides a clear picture of the multiple views.

To what extent should public opinion inform sentencing policy and practice?

As we play no role in sentencing, the Parole Board is not in a position to comment on this question; however, in our experience judicial decisions are better grounded in the evidence and the law.

July 2022