the parole board for scotland board 2004.pdfwhich the parole board for scotland presents an account...

The Parole Boardfor Scotland

Annual Report 2004

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Presented to Parliament under Schedule 1, paragraph 5 of the Prisons (Scotland) Act 1989 and Schedule 2, paragraph 6 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Laid before the Scottish Parliament by the Scottish Ministers.

June 2005

SE/2005/87

Edinburgh: The Stationery Office£11.10

ISBN 0 10 888161 X

The Parole Boardfor Scotland

Annual Report 2004

PAROLE BOARD 2005 TEXT 09.05.05 9.19 Page 1

2

Foreword

This report is one of the major mechanisms bywhich the Parole Board for Scotland presentsan account of its activities to Scottish Ministersand, through the Parliament, to the Scottishpeople. As a quasi-judicial body, the Board isnot directly accountable for individual decisionsit reaches; we are, however, acutely aware ofthe responsibility which we carry to ensure thatour decisions promote public safety bymaximising the incentive for prisoners toaddress their offending behaviour and bysetting and monitoring release conditions toensure safe management of prisoners on release from custody. The report recordsthe outcome of both initial release decisions, whether at Tribunals or case-workmeetings, and deliberations on recall of released prisoners when adverseinformation has been submitted to us by Scottish Ministers.

It is immediately noticeable that there has been a considerable fall from last year tothis in the number of life sentence prisoners released after Tribunals. It must bestressed that this is not the result of any change in policy – indeed, having a policyin this matter, as in any release decision making, would be unlawful. Each casemust be considered on its merits, taking into account all available evidence aboutthe risk posed by the person being considered and the resources available in thecommunity for the management of this risk. Rather, as anticipated in earlier annualreports, when the Tribunal system was extended to all life sentence prisoners in2001, the system had to catch up with many such prisoners who had alreadyserved considerably longer than the punishment part of their sentences. Theircases then had to be referred to Tribunals as soon as possible and a substantialnumber were held not to present an unacceptable risk for release. Now that thisbacklog has been dealt with, it is anticipated that the numbers released on anannual basis will hold at a level closer to that in 2004.

It will also be noticed that the number of prisoners recalled to custody continuesat an historically high level. While the Board has carried out its own study intothese cases, to ensure that any lessons that could be learned might inform futuredecision making, the main conclusion about this level of recalls is thatimprovements in supervision in the community and reporting arrangements fornon-compliance are ensuring that factors indicating increased risk are beingbrought to the attention of the Board so that consideration can be given torecalling the licensee. As the recall statistics show, it is not necessary that alicensee re-offend before being recalled to custody – indeed, the ideal situation isthat recall should be considered before any offence is perpetrated when it is clearthat the level of risk presented has become unacceptable. In that way the fullsentence imposed by the court is given real meaning and protection of the publicis seen as the major concern of the early release system.


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Membership of the Board is an onerous task. Members are always conscious ofthe importance of the decisions they are called upon to make, for victims,offenders, the general public and the integrity of the Criminal Justice System. Eachcase meeting is preceded by preparatory reading which can take much longerthan the 12 hours for which (non-judicial) members receive a fee. It is evident atmeetings that members have always carried out their preparation thoroughly, andthe quality of discussion reflects this. We are developing an appraisal scheme formembers, under which each of us will receive feedback from each other and fromthe Chair so that we can continue to develop the knowledge and skills whichrecommended us for appointment in the first place. Linked with this is theavailability of funds to promote continuing professional development for members,though members are mostly already involved in such programmes through theirother offices. By these methods, in addition to examining outcomes of ourdecisions, we trust that the Board can continue to contribute to making Scotlanda safer place and a more inclusive society.

This year saw the retiral at the end of their period of office of several Boardmembers who had given excellent service to the board. The vice chair, MeganCasserly, had given many years of service to the Board under the former and thenew terms of appointment and contributed greatly to the development of theBoard in that time. We wish all former members well in their new enterprises.

The Board’s Secretariat has responded extremely well to the continually growingpressures placed upon it. Not only have the individual members coped withconsiderably more work, but they have also done it with a grace which encouragesthe members of the Board to accept the need for them to do the same!

The management review of the Board’s working, carried out by an independentconsultant appointed by the Scottish Ministers, produced a number of interestingrecommendations. The Board commented on these recommendations and a planof action has been drawn up in consultation with the Scottish Executive JusticeDepartment. It is clear that the work of the Board has expanded considerablysince the last such review, and a thorough review of the staffing levels andstructure is necessary. The review also brought the Board to consider whether itcould change some of its working practices to improve efficiency and changes willbe introduced in the new year. The general outcome of the review was mostencouraging and confirmed that the practical operations of the Board are, for themost part, very efficient.

The Board’s work requires the co-operation of many other parts of the criminaljustice system, and we gratefully acknowledge the full assistance of social workdepartments, the Scottish Prison Service and the Scottish Executive Parole andLife Sentence Review Division. Continued improvements in information sharingamong bodies in the area can only improve the quality of decision making and thedevelopment of risk assessment and management techniques. The Board looksforward to the fruits of the new Risk Management Authority and the developments


4

within local authority criminal justice departments designed to further joint workingand information sharing. These should help each of us to become better at ourunique tasks and all of us to achieve considerable improvements towards theoverall aim of reducing offending.

It is already clear that 2005 will bring more challenges to the Board in a criminaljustice environment which is increasingly focussed on serving the needs of thewhole community within the rule of law. We look forward to meeting thosechallenges.

James J McManusChairman


5

1 Includes those detained without limit of time or at Her Majesty’s pleasure only until 1997.

Contents

Page

Chapter 1 The Year’s Work 7

Chapter 2 Board Membership, Meetings and Visits 17

Chapter 3 Efficiency 19

Chapter 4 Examination of Board Decisions 20

Appendices

A. Cases Referred for Consideration of Release: Annual Caseloads

Table 1: Fixed Term Sentences 25

Table 2: Life Prisoners1 26

Table 3: Children and Young Persons 26

B. Possible Grounds for Recall Reported to the Board

Table 1: Persons Released on Parole 27

Table 2: Persons on Non-parole Licence 27

Table 3: Life Sentence Cases 27

C. Time Spent in Custody by Persons Released From Life Sentences1 28

D. Statutory Provisions and Financial Information 29


6

Membership of the Parole Board for Scotland 2004

Professor James J McManus Chairman,Professor of Criminal Justice, Glasgow Caledonian University

Mrs Megan Casserly Vice-Chairman, Former Principal Officer, Strategy Social Work Department, North Lanarkshire Council

Dr John Baird (To end March 2004) Consultant Forensic Psychiatrist

Mr Niall Campbell Chairman, SACRO

Mr Alistair Duff (To end July 2004) Solicitor

Dr John P Donnelly Consultant Forensic Clinical Psychologist

Mr John Durno, OBE Former Director of Custody, Scottish Prison Service

Mrs Johan Findlay Justice of the Peace, Honorary Sheriff

Ms Geraldine Gallagher Tutor, Social Work Research Centre, Stirling University

Dr Judith Greenwood, OBE Former Consultant Psychiatrist(To end March 2004)

Dr John Loudon, OBE Former Consultant Psychiatrist (From 1 April 2004)

Sheriff Principal John J Maguire QC Former Sheriff Principal, Tayside, Central and Fife

Mrs Eleanor McLaughlin Former Lord Provost, Edinburgh

Mrs Kathleen McQuillan Solicitor (From 1 August 2004)

Ms Morag Owens Former Assistant Director, Criminal Justice Services, Tayside Social Work Department

The Hon Lady Paton Senator of College of Justice

Sheriff Rita Rae QC Sheriff, Glasgow

Dr Bruce Ritson (From 1 April 2004) Former Consultant Psychiatrist

Sheriff Richard Scott Former Sheriff, Edinburgh

Ms Morag Slesser Chartered Forensic Clinical Psychologist

Sheriff James Spy Sheriff, Paisley

Mr Douglas Thomson Solicitor

Sheriff Graeme Warner Former Sheriff, Aberdeen(To end August 2004)

Hugh P Boyle Secretary


7

Chapter 1 – The Year’s Work

The tables below provide statistical details of the various cases considered by theBoard during 2004.

Determinate Sentence Prisoners

Total number of cases eligible for consideration 770

Number not wishing to be considered 67

Number referred to the Board for consideration 703*

Number recommended for parole by the Board 311

Number not recommended by the Board 380

Number of cases waiting further information 12

*Includes 59 prisoners who had been awarded extended sentences.

Life Prisoners

Number referred to the Board for consideration 154

Number brought forward from 2003 38

Total cases to be considered 192

Number where release directed 33

Number not recommended for release 124

Number of cases postponed or adjourned 9

Number not yet referred to Tribunals 26

Non Parole Licences 71

Extended Sentence Cases 17

Children and Young Persons 26


8


The Board has powers to make binding recommendations with regard to therelease of determinate sentence prisoners serving 4 years or more once theyhave served one half of their sentence and it may also makerecommendations as to the licence conditions of such prisoners.

During the course of the year there was a total of 770 cases eligible forconsideration of early release. Of these, 703 cases were referred to meetings ofthe Board for consideration. This compares with 706 cases referred to the Boardin 2003, a decrease of 3 cases. Each prisoner was afforded an interview with amember of the Board.

The Board recommended that 311 prisoners or 44.2% of those referred during2004 be released on parole. This compares with 345 or 48.9% recommended bythe Board in 2003.

In addition the Board had to give further consideration to 62 cases where theprisoner had been granted parole, but a report of an adverse development wasreferred to the Board before the prisoner’s release date. Of these 62 cases, 47had their parole release date withdrawn, 9 had their release date delayed and in 6cases the Board agreed that the release date should stand.

Thirty-three of the cases recommended for release during 2004 were beingconsidered for a second or subsequent review.

Summary of Determinate Sentence Cases Where Release Recommended- by Offence

Violence Drugs Sexual Property Other Total

10 years or over 11 2 3 - - 16

Under 10 Years 152 108 20 7 8 295

Total 163 110 23 7 8 311

Category of Offence Offences Include

Violence Culpable Homicide, Attempted Murder, Assault to Severe Injury etc., Assault and Robbery.

Drugs Contravention of the Misuse of Drugs Act and Customs and Excise Management Act.

Sexual Rape, Attempted Rape, Sodomy, Incest, Clandestine Injury, Lewd and Libidinous Practices.

Property Theft, Conspiracy to Rob, Embezzlement.

Other Road Traffic Act, Firearms, Fire-raising.


9

0

100

200

300

400

500

600

700

800

Num

ber

of

Cas

es

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Non parole cases referred to the Board for breach of licence

Parole cases referred to the Board for breach of licenceReferred to the Board for consideration of release

Determinate Sentences 1995-2004

Fifty-eight of the 380 cases considered by the Board but not recommended forparole were recommended for a further review in less than the normal 12 monthperiod that normally elapses between reviews.

As can be seen from the following table, the proportion of persons eligible forconsideration for parole who opt out of the process has increased in the last year.

Year 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Eligible 744 633 674 687 680 719 690 749 766 770

Opting out 73 75 76 70 46 63 43 58 60 67

% 9.8 11.8 11.3 10.2 6.8 8.8 6.2 7.7 7.8 8.7

Non Parole Licences

The Board advises the Scottish Ministers on the conditions to be attachedto prisoners’ release licences.

Those prisoners sentenced to 4 years imprisonment or more on or after 1 October1993 are released on licence when they have served two thirds of their sentence.These licences expire at the sentence end date and the term non-parole licence isused to describe this non-discretionary period of supervision in the community.

During 2004 the Board recommended that conditions be attached to the non-parole licences of 213 prisoners who were not released on parole. A further 71cases were returned to the Board specifically in order that the members mightconsider whether or not non-standard conditions should be attached to theoffenders’ non-parole licences. In 70 of these cases the Board recommended thatconditions be attached to the offenders’ release licences.


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Extended Sentences

Scottish Ministers consult the Parole Board about the conditions that are tobe attached to the release licences of extended sentence prisoners wherethe combined custodial term and the extension period is 4 years or more.

During 2004 Scottish Ministers referred to the Board 17 cases where the courtshad imposed extended sentences where the combined custodial term and theextension period totalled 4 years or more in order that the Board could considerwhether or not conditions should be attached to the prisoners’ release licences. Inall 17 of these cases the Board recommended that conditions be attached to theoffenders’ licences.

Life Prisoners

The Board has the powers to direct the Scottish Ministers to release onlicence life prisoners in circumstances where a Tribunal of the Board issatisfied that it is no longer necessary for the protection of the public thatthe prisoner should be confined.

A Tribunal consists of 3 members of the Parole Board for Scotland, appointed bythe Chairman of the Board. The individual who is appointed to act as Chairman ofthe Tribunal must be either:

A person who holds or has held judicial office; or

A solicitor or advocate of not less than 10 years standing.

During 2004 the Scottish Ministers referred to the Board the cases of 154 lifeprisoners in order that Tribunals could determine whether or not the individualsconcerned should be released on life licence. In addition, the Board was alsorequired to conclude the consideration of 6 cases that had been postponed oradjourned during 2003 and 32 other cases that had been carried over from 2003.

Consideration of 157 cases was concluded in 2004. In 33 cases, the Tribunalsdirected Scottish Ministers to release the prisoner. In 124 of the hearings, theTribunals did not direct release, but recommended a further review take place.Nine cases were adjourned or postponed and in 26 cases Tribunals will beconvened early in 2005.


11

0

20

40

60

80

100

120

140

160

180N

umb

er o

f C

ases

Referred to the Board for consideration of release

Referred to the Board for information

Referred to the Board for breach of licence

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Life Prisoner Cases 1995-2004

The following table shows the number of Tribunals convened to consider thecases of life prisoners since 1995 and the outcome of these Tribunals.

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Cases Referred 4 10 9 38 40 40 44 179 179 154

Cases Carried None None None None None None 3 2 33 38Over

Total Cases 4 10 9 38 40 40 47 181 212 192

Release Directed None 3 1 6 12 10 9 53 55 33

Retain Release None None None None None None None 2 1 NoneDate

Revised Release None None None None None None None 2 None NoneDate Awarded

Release Date None None None None None None 1 2 1 NoneWithdrawn

Further Review 4 7 8 32 28 27 35 89 117 124

Postponed or None None None None None 3 2 9 6 9Adjourned

Cases yet to None None None None None None None 24 32 26be Considered

Details of the period of years served by life prisoners prior to their first beingreleased on life licence are given at Appendix C together with the correspondinginformation for preceding years. From the Table at Appendix C, it can be seen thatthe majority of those first released on licence during 2004 had spent more than 10years in custody.


12

0

10

20

30

40

50

60

0

100

200

300

400

500

600

Num

ber

first

rel

ease

d on

lice

nce

Up to 10 years

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

10 years - 12 years

Over 12 years

Adult Lifer population

Distribution of Time Spent in Prison by Prisoners first released on Life Licence

Children and Young Persons

The Board has responsibility for considering the case for early release ofyoung people sentenced under section 208 of the Criminal Procedure(Scotland) Act 1995 referred to it by Scottish Ministers.

In 2004 the cases of 25 children and young persons sentenced under section 208of the Criminal Procedure (Scotland) Act 1995 were referred to the Board. Four ofthese cases were referred in order that the Board might consider whether or not itwas appropriate that the individuals be released on licence. In two cases theBoard did recommend early release. In two cases it did not recommend earlyrelease. The Board was also required to conclude the consideration of a case thathad been deferred in 2003 to await receipt of further information and thatindividual was released on licence.

The remaining 21 cases involved children and young persons who were due to bereleased on licence and whose cases were referred in order that the Board mightconsider recommending that conditions be attached to their release licences. In all21 cases the Board recommended that conditions be attached to the licences.

A further 12 cases were reported to the Board where children and young personssentenced under section 208 of the Act and released under section 7 of the 1993Act had breached the conditions of their licence. The Board recommended that 8be recalled to custody, in 3 cases warning letters were issued and in one case noaction was deemed to be necessary. In addition the Scottish Ministers revoked thelicence of one individual. Therefore a total of 9 children and young persons wererecalled to custody. Of the 9 recalled, 8 were not subsequently re-released and bythe end of the year the other case had not been referred to the Board in order thatthe members could consider whether or not it was appropriate to order immediatere-release.


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0

5

10

15

20

25N

umb

er o

f C

ases

Referred to the Board for consideration of release

Referred to the Board for information

Referred to the Board for breach of licence

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Children and Young Persons 1995-2004

Possible Grounds for Recall

The Board has the powers to recommend the recall to custody ofdeterminate sentence prisoners serving sentences of 4 years imprisonmentor more and life sentence prisoners who have been released on parole, non-parole licence or life licence in circumstances where such action is considerednecessary in the public interest. The Scottish Ministers are statutorily obliged to accept the Board’s recommendation. The Board may direct ScottishMinisters to re-release any prisoner who has been recalled to custody.

Parole Licensees

As reported in 2003, at the end of the year the Board had yet to concludeconsideration of the cases of 12 individuals who had been recalled to custodyfollowing their release on parole. Consideration of 10 of these cases wasconcluded in 2004 and none were re-released.

During 2004 a number of parolees was reported to the Board for behaviour potentiallyconstituting grounds for recall. The Board was obliged to give further consideration tothese cases and determine whether to recommend that the individuals be recalledto custody, a warning letter sent or the matter dealt with in another way. Therewere 50 individual cases reported of parolees who had been released undersection 22 (1) of the Prisons (Scotland) Act 1989 and section 1 (3) of the Prisonersand Criminal Proceedings (Scotland) Act 1993. See Appendix B Table 1.

Warning letters were issued to 6 licensees. Four licensees were recalled tocustody and subsequently re-released on licence. Twenty-four licensees wererecalled to custody and not re-released. In addition the Scottish Ministers revokedthe licences of two individuals and neither of them were subsequently re-released.Ten further licensees were recalled to custody and have yet to submitrepresentations against recall to Scottish Ministers. The Board has, therefore, notyet concluded consideration of their cases. Of the remaining 4 cases, no furtheraction was deemed to be necessary.


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Further analysis of the cases of the 26 licensees recalled during 2004 and notsubsequently re-released showed the following:

Reason for Recall

Index Charges Facing Failure to Property Other Charges, Offence Involving MDA Comply With Including RTA

Violence Charges Supervision and Carrying of Knives

Violence 7 3 5 1 5Drugs - - 1 - -Sexual 1 - 1 - -Property - - - 1 -Other - - 1 - -Total 8 3 8 2 5

Non Parole Licensees

As reported in 2003, at the end of that year the Board had still to concludeconsideration of the cases of 59 licensees where their representations or furtherinformation was awaited. Consideration of 53 of these cases was resumed in2004. Ten were re-released on licence and 43 were not re-released.

During 2004 the Board was asked to consider the cases of 194 individuals who werethe subject of non-parole licences (i.e. those released on having served two-thirdsof their sentence and those who were released on parole, but the discretionary periodhad expired) whose behaviour in the community was giving rise to concern. TheBoard recommended that 147 of these licensees be recalled to custody. In additionScottish Ministers revoked the licences of 7 individuals. Therefore a total of 154licensees were returned to custody. Of those who were recalled, 18 were subsequentlyre-released, 91 were not re-released, consideration of one case was deferred bythe Board to await sight of additional information and at the end of the year 44cases had yet to be referred back to the Board in order that the members mayconsider whether or not it is appropriate to direct immediate re-release on licence.Warning letters were issued to 31 licensees and no action was taken in 16 cases.

Further examination of the cases of the 91 licensees recalled to custody and notsubsequently re-released showed the following:

Reasons for Recall to Custody

Index Charges Facing Facing Failure to Charges OtherOffence Involving Charges of MDA Comply Involving Charges,

Violence a Sexual Charges With Theft, including RTANature Supervision Conspiracy and Carrying

to Rob etc. of Knives etc

Violence 25 1 7 20 5 4Sexual 1 - - 4 - -Drugs 1 - 10 4 3 2Property 1 - - - 1 -Other 1 - - - - 1Total 29 1 17 28 9 7


15

0

10

20

30

40

50

60

70

80

90

100

Num

ber

of

Cas

es

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Other disposals Parole cases number recalled Recalled but representations awaited

Number recalled Non-parole cases number recalledWarning letters issued

Grounds for Recall - Determinate Sentences Outcome of cases referred 1995-2004

It was also noted that 41 of the above offenders had initially been released onparole licence and 6 had previously been recalled to custody, but were re-releasedon licence.

Extended Sentences

Scottish Ministers refer to the Board all cases involving grounds for recall ofextended sentence prisoners. In the event of an extended sentence prisoner beingrecalled to custody, the case for re-release must be considered by a Tribunal ofthe Board. The Tribunal, if not recommending immediate re-release, must besatisfied that it is necessary to hold the offender in custody in order to protect thepublic from serious harm.

During 2004 the Board was required to conclude its consideration of the cases offive individuals who had been sentenced to extended sentences and who hadbeen recalled to custody during 2003. All five cases were considered by Tribunalsin 2004 and in each case the Board did not direct the prisoner’s immediate re-release.

During 2004 Scottish Ministers referred to the Board 26 cases where thebehaviour of the licensee was giving cause for concern. The Board recommendedthat 19 licensees be recalled to custody, in 3 cases the Board recommended thatwarning letters be sent to the licensees and in 4 cases no action was deemed tobe necessary. In addition the Scottish Ministers revoked the licences of threeindividuals.

Of the 22 licensees recalled to custody, 19 had their cases for immediate re-release considered by Tribunals of the Board during 2004. The Board directed that4 be immediately re-released, 15 were not re-released.

The remaining three cases had not been referred to the Board for consideration ofre-release.


16

During 2004 the Scottish Ministers referred to the Board the cases of 8 extendedsentence prisoners who had been recalled to custody and who had not subsequentlybeen re-released by Tribunals of the Board in order that their cases could befurther reviewed. In all of these cases the offenders were not released on licence.

Life Licensees

Scottish Ministers refer to the Board all cases involving grounds for recall of lifelicensees. In the event of a life licensee being recalled to custody, the case for re-release must be considered by a Tribunal of the Board. The Tribunal, if notrecommending immediate re-release, must be satisfied that it is necessary for theprotection of the public that the offender is held in custody.

During 2004 the Board considered the cases of 35 persons previously released onlife licence who had allegedly breached the conditions of their licence or whosebehaviour in the community was giving cause for concern.

The Board recommended that 15 licensees be recalled to custody and one ofthese individuals was subsequently re-released and 8 were not re-released. Two ofthose who were recalled will have their case for re-release considered by Tribunalsof the Board during 2005. The remaining 4 individuals had not had their case forconsideration of re-release referred to the Board by the end of the year. Inaddition, the Scottish Ministers revoked the licences of 5 life prisoners and none ofthem was subsequently re-released.

Of the remaining 20 cases referred to the Board as possible grounds for recall,warning letters were issued to 10 licensees and in 10 cases it was agreed that noaction was necessary.

In addition the Board was required to convene Tribunals to consider the cases of14 life prisoners who had been recalled to custody in 2003. In 4 cases theTribunals of the Board directed that the individual be immediately re-released onlife licence and in the remaining 10 cases the prisoners were not re-released.


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Chapter 2 – Board Membership Meetings and Visits

Board Meetings

2004 was the 37th year of the operation of the parole system in Scotland. Duringthe year the Board met on 36 occasions to consider the cases of prisoners andlicensees referred by the Scottish Ministers. The Board also convened 157 LifePrisoner Tribunals and 32 Extended Sentence Tribunals during the year. In additionthe Board held two General Purposes Meetings and an Annual Conference.

Board Membership

The membership of the Board during 2004 is shown at page 6. During the courseof the year John Baird, Alistair Duff, Judy Greenwood and Graeme Warner left theBoard. At the end of the year Megan Casserly, Vice Chairman, Morag Owens andMorag Slesser left the Board. They had all made a sterling contribution to the workof the Board and the members of the Board thank them for all the work that theycarried out on behalf of the Board.

Visitors

The Board welcomed a number of visitors to its casework meetings throughoutthe year including prison officers; prison and community based social workers;officials of the Scottish Executive Justice Department; and a Senator of theCollege of Justice.

General Purposes Meetings

The Board held two General Purposes Meetings during the year. At thesemeetings the members of the Board discussed matters such as scrutiny of theBoard’s decisions, the Publication Scheme that the Board was required tointroduce in terms of the Freedom of Information Act, electronic monitoring oflicensees in the community, various consultation documents, the Board’sperformance against its agreed targets and the Board’s expenditure.

Legal Adviser

The Parole Board is required to appoint its own legal adviser. The tenderingprocess was concluded early in 2004 and the Board was pleased to re-appointAnderson Strathern as its legal adviser with effect from April 2004.

Visits

During the year the members of the Board visited HM Prison, Peterhead and TheCity of Edinburgh Council Social Work Department.


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Parole Board Conference

The Board held its twelfth annual conference on Friday 26th and Saturday 27thNovember 2004 at Kinross. The Conference provides the members with theopportunity to gather together to discuss in depth matters relating to the work ofthe Board. Dr Caroline Logan of the Risk Management Authority and RogerHouchin of Glasgow Caledonian University both gave interesting presentations onrisk assessment. The Minister for Justice, Cathy Jamieson MSP gave a thoughtprovoking presentation on the role of the Parole Board in the context of the widercriminal justice process and, in particular the Board’s duty to have regard tovictims’ rights. Mrs Aine Rivers spoke about the introduction of the Mental HealthTribunals and Lord Maclean gave an interesting presentation on the progress ofthe work of the Sentencing Commission.

Parole Board Website

The Board’s website is at http://www.scottishparoleboard.gov.uk. The websitecontains information about the members of the Board, the Board’s statutorypowers and functions as well as providing responses to some frequently askedquestions about parole. In addition the Board’s Annual Report for 2004 and earlieryears can be viewed on the website.


19

Chapter 3 – Efficiency

In its Corporate Plan for 2002 the Board set specific performance measures andobjectives designed to monitor the Board’s effectiveness in dealing with casesreferred to it by the Scottish Ministers. These were:


The Board will endeavour to ensure that no less than 85% of interviews areconducted within 5 weeks of a determinate sentence prisoner's case beingreferred to the Board. The Board exceeded this target in respect of 89% ofcases.

Prisoners interviewed in 2004 728Target met or exceeded 89%

The Board will endeavour to ensure that 85% of determinate sentenceprisoners have their case considered at a meeting of the Board within 9weeks of the case being referred to the Board by the Scottish ExecutiveJustice Department. The Board exceeded this target in respect of 88% ofcases.

Cases to meetings in 2004 703Target met or exceeded 88%

Life Prisoners

(1) Unless the prisoner, his legal agent or Scottish Ministers request apostponement, the first review of a life prisoner's case will be heard by a Tribunal within 3 days of the expiry of the punishment part set by thejudiciary. The Board met this target in all cases.

(2) Unless the prisoner, his legal agent or Scottish Ministers request apostponement, all second or subsequent reviews of a life prisoner's casewill be heard by a Tribunal within 8 weeks of the case being referred tothe Board. The Board met this target in all cases.

(3) That the Tribunal will issue its decision letter within 14 days of the end of the Tribunal hearing. The Board met this target in all cases.

Cost Effectiveness

The Board recognises the need to have due regard to economy and costeffectiveness in carrying out its functions. Examination of the costs incurred by theBoard during 2004 reveal that the work of the Board continues to represent goodvalue for money. The average cost of a Life Prisoner Tribunal is £973, the averagecost of considering a case at a meeting of the Board is £150 and the averagecost of conducting an interview is £92.


20

Chapter 4 – Examination of Board Decisions

As highlighted in the Board’s Annual Report for 2003, the Board established aworking group to re-examine a selection of those cases where individuals hadbeen released on licence but were subsequently recalled to custody. The purposeof this exercise was to see if there were any lessons that the Board could learnwhich might enable it to improve public protection in making decisions aboutrelease and the imposition of licence conditions.

The scrutiny of cases was carried out in two discrete exercises. The first examinedthe cases of a sample of determinate sentence prisoners and the second lookedat the cases of life prisoners. Having carried out this exercise the members of theworking group consider that it is essential to point out that it did not constitute acomprehensive analysis which allowed the members to arrive at firm conclusions.


The working group re-examined the parole review dossiers of 35 determinatesentence prisoners who had been released on licence and who weresubsequently recalled to custody. In each case the members looked at thefollowing points:

Circumstances of the index offence;The offender’s record of convictions;The offender’s progress in custody;If appropriate, whether the decision to grant parole had been unanimous; The reasons given for recalling the offender to custody and whether or not the decision to recommend recall had been unanimous;The quality of the information contained in the supervising officers’ reports that were considered by the Board when it decided to recommend recall;Whether or not warning letters had been sent to the offender by the Board, SEJD or the supervising officer; The quality of any additional information provided to the Board when members were asked to consider the case for immediate re-release; andWith the benefit of hindsight and knowledge of the risk factors could the outcome have been different.

The working group noted the following points about the 35 cases included in the sample.

Table 1 - The progress made and the regime in which the prisoner was located atthe time he was released.

Closed Top end OpenConditions facilities Conditions

Those released on parole and 10 1 3recalled before the two thirds stage

Those released on parole and 6 - 1recalled after two thirds stage

Those released on 12 - 2non-parole licence


21

Further examination of the cases revealed the following:

Table 2 – Those released on parole and recalled before the two thirds stage ofsentence, 14 cases:

Reasons for Recall

Index Charges Sexual Drug Property PoorOffence Involving Offences Offences Response to

Violence Supervision

Violence 5 - - - 3Drugs - 1 3 1 -Property - - 1 - -

Table 3 – Those released on parole and recalled after two thirds stage ofsentence, 7 cases:

Reasons for Recall

Index Charges Drug Property Poor Fire-raisingOffence Involving Offences Response to


Violence 2 1 1 1 1Drugs - 1 - - -

Table 4 – Those released on non-parole licence, 14 cases:

Reason for Recall

Index Charges Sexual Drug Property Poor Fraud Offence Involving Offences Offences Response to


Violence 4 - 1 4 - -Sexual - 1 - - - -Drugs - - 1 - 1 -Property - - - 1 - -Fraud - - - - - 1

As can be seen from the above tables of the 35 cases included in the sample 21had been released on parole and 14 had been released on non-parole licence.The working group agreed that the decision not to grant parole in the 14 non-parole licence cases had certainly been correct.

The working group noted one particular case where the offender was released onparole at the second review of his case. From the minutes of the Board’s meetingat which the prisoner’s case had been considered it appeared that he had beengranted parole because "he had done all that the Board had asked of him at thefirst review". The Board had asked that the prisoner did certain things, he haddone so, but there appeared to have been no proper assessment of risk at thesecond review.


22

In another case the working group could not understand how the Board hadarrived at its decision to release the offender on parole. Based on the informationcontained in the parole review dossier and the minute of the Board meeting atwhich the case had been considered it appeared that a number of significantnegative factors had been ignored and the positive factors maximised. Thankfullythese cases were the exception.

In all the other cases the members of the working group could understand whythe Board had granted parole. However, on examining these cases it becameapparent that a number of common factors could be identified. These are outlinedbelow.

The working group noted that in many of the cases where the individual had beenreleased on parole they had a significant number and variety of previousconvictions. Although the nature of these had been noted by the Board at the timethe case had been considered, the information provided to the Board does notinclude any in depth analysis of the offending history and this is a matter that mayrequire to be addressed.

From the information that emerged at the time that licensees were recalled itappeared that when the Board had been considering the prisoners’ cases forrelease on parole the Board had not been provided with good quality informationabout substance abuse, particularly regarding vulnerability to continuing use or torelapse. The working group commented that in considering whether or not anindividual prisoner is a suitable candidate for parole the Board asks a number ofquestions about substance misuse, such as:

Is the prisoner addicted?If so, was the drug habit developed in custody?What is the Mandatory Drug Test history?What work has been carried out in relation to substance abuse issues?If relapsed, what is the nature of the relapse?Was it opiates or cannabis or prescribed drugs that had not been prescribedfor that particular prisoner?Does the issue impact on risk?

The members of the working group observed that drugs had played a significantpart in the majority of the recall cases. Drug abuse had been an issue in thecommunity before conviction or it had been an issue while the offender had beenin custody.

The working group noted that accommodation proposals that had not beenthoroughly researched or tested by way of home leaves before release often failedwhen the prisoner returned to the community were most commonly linked to drugmisuse. In a number of cases it was noted that the level of supervision afforded tothe licensee was somewhat less than the Board had expected when grantingparole. The main problems identified centred around delays in implementingadditional licence conditions and delays in reporting that the licensee had failed toattend for supervision appointments or that the licensee faced further charges.However, in the majority of cases there appeared to be nothing that the Board orthe supervising officer could have done to alter the course of events.


23

Life Prisoners

The working group re-examined a total of 26 life prisoners’ cases. The sampleincluded:

8 cases where the Board had directed release and the Scottish Ministershad opposed release and the licensee had subsequently been recalled tocustody;

10 cases where the Board had directed release and the Scottish Ministershad not opposed release and the licensee had subsequently been recalledto custody; and

8 cases where the Board had directed release and Scottish Ministers hadopposed release and the licensee had not subsequently been recalled tocustody.

In each case the members of the working group took account of the followinginformation:

Age at time of offence;Nature and circumstances of the index offence;Date of sentence;Number and nature of previous convictions and sentences awarded;Punishment part set by the court;Number of reviews conducted by the Parole Board;Scottish Ministers’ position statement; Release date;Reasons for release as set out in the Tribunal’s decision letter;History of substance abuse;History of misconduct reports while in custody;Establishment from which the offender had been released;Stability of home circumstances;Clarity of supervision plan and contact with supervising officer;Date and reasons for recall, if appropriate; andAny new information that was available at the time that recall had beenrecommended but had not been available to the Tribunal when it hadconsidered the case.

The working group noted that after release drug misuse had featured in the casesof 9 of the licensees who had been recalled to custody. In 11 cases drug misusehad been an issue before the offender had been released and had featuredamongst the reasons why Scottish Ministers had opposed release. It was clear tothe working group that when considering these prisoners’ cases the Tribunals hadconcluded that the risk was manageable in the community, whereas it had notbeen. In arriving at decisions the Tribunals had regard to information from a varietyof sources, such as drug workers, social workers and others who had beeninvolved in working with the prisoner in custody. In some cases it was clear thatthe true position regarding drug abuse had been concealed at the time of the


24

Tribunal while in others the prisoner had relapsed after a period where he hadbeen drug free. It is, however, worth noting that 5 of the licensees who were notsubsequently recalled to custody had a similar drug abuse profile before they werereleased.

Of the 16 cases in the sample who had been recalled to custody 10 had beenreleased from open conditions, 3 had been released from "top end" facilities and 3from closed conditions. Unfortunately it was not recorded how long any of theindividuals had spent in open conditions. However, the foregoing information mustbe viewed against the fact that of the 8 licensees who were not recalled tocustody 2 were released from open conditions and 6 from closed prisonestablishments.

The working group noted that two of the recalled licensees faced charges of asexual nature and that others had encountered serious difficulties within theirrelationships. The group concluded that there may be considerable benefit toprisoners who are accommodated in the open estate if the Scottish Prison Servicewas to provide relationship counselling to assist prisoners who are taking homeleaves for the first time. While the members appreciated that it would not bepossible to obtain formal reports on the period of time that a prisoner spends onhome leave the working group agreed that benefits might accrue from prisonersbeing offered the opportunity on their return from a period of home leave todiscuss with a suitably qualified individual the experiences and any difficulties thathad been encountered during the period on home leave.

The Board wishes to thank the many individuals and agencies who continue tosupport the parole scheme for all their help and encouragement. The Board alsowishes to thank the officials and staff of the Scottish Executive Justice Departmentand the Scottish Prison Service for their help throughout the year. In addition, theBoard wishes to record its appreciation to its Secretariat for its continuing supportand service throughout the year.

Hugh P BoyleSecretaryParole Board for ScotlandSaughton HouseEdinburghApril 2005

Members of the Board

James J McManus Geraldine Gallagher Rita Rae Niall Campbell John Loudon Bruce RitsonJohn P Donnelly John J Maguire Richard Scott John Durno Eleanor McLaughlin James Spy Johan Findlay Katie McQuillan Douglas Thomson

Lady Paton


25

Appendix A

Sur

vey

of

Ann

ual C

asel

oad

s D

urin

g t

he P

erio

d 1

. 1. 9

5 to

31.

12.

04

Tab

le 1

Fix

ed T

erm

Sen

tenc

es

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

a. T

ota

l cas

es p

roce

ssed

by

the

Dep

artm

ent

744

633

674

687

680

719

690

749

766

770

Pris

oner

s no

t w

ishi

ng t

o be

con

side

red

7375

7670

4663

4358

6067

Par

ole

case

s no

t re

ferr

ed t

o th

e B

oard

189

2114

3914

--

--

-

b. T

ota

l cas

es r

efer

red

to

the

Par

ole

Bo

ard

482

537

584

578

620

656

647

691

706

703

c. T

ota

l cas

es n

ot

reco

mm

end

ed b

y th

e P

aro

le B

oar

d

273

329

384

310

304

279

301

272

354

380

Cas

es n

ot r

ecom

men

ded

by t

he P

arol

e B

oard

23

327

932

826

225

324

026

124

030

132

2

Cas

es n

ot r

ecom

men

ded

but

early

rev

iew

req

uest

ed40

5056

4851

3940

3253

58

d. T

ota

l cas

es r

eco

mm

end

ed f

or

par

ole

by

the

Par

ole

Bo

ard

20

919

620

926

231

137

434

041

734

531

1

e. T

ota

l cas

es w

here

fur

ther

info

rmat

ion

awai

ted

-12

36

53

62

712


26

Tab

le 2

Life

Pri

sone

rs

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

Cas

es C

arri

ed F

orw

ard

--

--

--

-2

3338

Cas

es r

efer

red

to

the

Par

ole

Bo

ard

179

125

151

123

140

131

9317

917

915

4

To

tal o

f ca

ses

to b

e co

nsid

ered

179

125

151

123

140

131

9318

121

219

2

Cas

es w

here

rel

ease

rec

om

men

ded

/dir

ecte

d28

2029

2926

4639

5355

33

Cas

es w

here

rel

ease

no

t re

com

men

ded

151

105

122

9411

483

5189

117

124

Rel

ease

dat

e re

tain

ed-

--

--

-1

21

-

Rev

ised

rel

ease

dat

e aw

ard

ed-

--

--

--

2-

-

Rel

ease

dat

e w

ithd

raw

n-

--

--

-1

21

-

Cas

es p

ost

po

ned

or

adjo

urne

d-

--

--

--

96

9

Cas

es a

wai

ting

sitt

ing

of

Tri

bun

al-

--

--

2-

2432

26

Tab

le 3

Chi

ldre

n an

d Y

oun

g P

erso

ns

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

Cas

es r

efer

red

to

the

Par

ole

Bo

ard

fo

rC

ons

ider

atio

n o

f re

leas

e3

45

58

45

510

5*

Cas

es n

ot r

ecom

men

ded

34

41

42

2-

21

Cas

es n

ot r

ecom

men

ded

but

early

rev

iew

re

ques

ted

or fu

rthe

r in

form

atio

n aw

aite

d-

--

21

11

1-

1

Cas

e de

ferr

ed-

--

--

--

-1

-

Cas

es r

ecom

men

ded

for

rele

ase

--

12

31

24

23

Cas

es r

efer

red

to

the

Bo

ard

fo

r in

form

atio

n-

--

--

46

85

21

*Incl

udes

one

cas

e de

ferr

ed fr

om 2

003


27

Appendix B

Determinate Sentence Cases Possible Grounds for Recall Reported to theParole Board Annually During the Period 1. 1. 98 to 31. 12. 2004

Table 1: Persons released on parole before the two-thirds stage of sentence

Year Total Recalled and Recalled Recalled and Warning Other Cases Re-released and not Representations Letters Disposals

Referred Re-released Awaited Issued

1998 20 4 7 2 6 11999 26 2 12 8 4 -2000 44 10 12 13 3 62001 38 6 11 8 9 42002 60 8 24 17 7 42003 59 9 24 12 9 52004 50* 4 26 10 6 4

* Includes 2 licensees recalled by Scottish Ministers.

Table 2: Persons who were not released on parole or who were released onparole, but the discretionary period had expired (known as non-parole licence)

Year Total Recalled and Recalled Recalled and Warning OtherCases Re-released and not Representations Letters Disposals

Referred Re-released Awaited Issued

1998 96 13 47 23 9 41999 156 24 69 47 12 42000 168 24 53 47 24 202001 204 15 63 71 29 262002 191 18 92 35 25 212003 206 8 91 59 17 312004 201* 18 91 45 31 16

* Includes 7 licensees recalled by Scottish Ministers.

Life Sentence Cases Possible Grounds for Recall Reported to the ParoleBoard Annually During the Period 1. 1. 95 to 31. 12. 2004

Table 3: Life Sentence Cases

Year Total Cases Number Warning Letters OtherReferred Recalled Issued Disposals

1995 48 16 7 251996 31 20 2 91997 30 16 1 131998 25 6 5 141999 16 4 6 62000 5 3 1 12001 15 5 1 92002 23 12 4 72003 47 28 6 132004 40† 19 10 11‡

† Includes 5 licensees recalled by the Scottish Ministers. ‡ Includes one offender who was recalled to custody and subsequently re-released after consideration ofhis representations.


Appendix C

28

Time Spent in Custody by Persons First Released from Life Sentences1

Year of Years Detained in CustodyRelease Under 7 7-8 8-9 9-10 10-11 11-12 12-13 13-14 Over 14 Total

1968 - - - 3 1 - - - - 41969 1 - 1 - - - - - - 21970 - - - 1 1 1 - - - 31971 - - 1 2 - - - - - 31972 - - 1 - 2 - - - - 31973 - 1 1 1 2 - - - 1 61974 - - 2 5 1 1 1 - - 101975 - 1 4 6 3 1 - - - 151976 - 1 6 5 5 1 - - - 181977 - - 2 4 5 1 1 1 1 151978 - - 5 4 1 2 - - 1 131979 1 1 2 5 6 2 2 1 1 211980 - - 3 4 6 4 5 3 - 251981 - 1 7 20 4 4 4 1 - 411982 1 - - 9 10 1 3 2 3 291983 2 3 4 14 11 2 - - 2 381984 1 - 1 5 6 1 - - 1 152

1985 1 1 5 4 6 4 1 - 1 231986 - 2 4 3 8 2 5 - - 241987 - - 1 4 6 2 - 1 1 151988 - - - - 5 3 1 1 1 111989 - - - 2 2 4 8 5 4 251990 - - - 3 7 6 4 2 4 261991 - - - 1 5 4 2 1 10 231992 - - - 3 4 3 6 2 5 231993 - - - 5 8 7 3 1 10 341994 - - - 2 - 9 1 2 4 181995 - - - - 2 6 7 7 4 261996 - - - 1 4 2 5 3 3 181997 - - - - 2 2 2 1 8 151998 - - - 1 2 1 4 1 7 161999 - - - 1 2 - - - 7 102000 - - 1 2 2 3 2 1 6 172001 - - - 2 3 2 3 4 14 282002 - - 2 1 7 5 3 5 36 592003 2 2 3 4 6 4 3 2 25 512004 2 3 1 4 4 1 4 1 83 28

Total 11 16 57 131 149 91 80 48 168 7514

Notes 1 Includes those detained without limit of time or at Her Majesty’s Pleasure only until 1997.2 In addition, one prisoner was released on life licence on compassionate grounds after serving 3 years

5 months in custody.3 Of these 8 cases, 2 served 14-15 years, 1 served 15-16 years, 2 served 16-17 years, 1 served 17-18

years and 2 served over 20 years.4 Does not include those recalled to custody and subsequently re-released.


29

Appendix D

Statutory Provisions

Ch9 Prisoners and Criminal Proceedings (Scotland) Act 1993, as amended

SCHEDULE 2

The Parole Board

Membership

1. The Parole Board shall consist of a chairman and not less than 4 othermembers appointed by the Scottish Ministers.

1A. In making those appointments, the Scottish Ministers shall comply with suchrequirements as to procedure and consultation as may be prescribed inregulations made by them.

1B. In making regulations under paragraph 1A above, the Scottish Ministers maymake different kinds of members of the Board, including kinds of membershaving the respective qualifications for office specified in paragraph 2 below.

2. The Parole Board shall include among its members:

(a) a Lord Commissioner of Justiciary

(b) a registered medical practitioner who is a psychiatrist;

(c ) a person appearing to the Secretary of State to have knowledge andexperience of the supervision or after-care of discharged prisoners; and

(d) a person appearing to the Secretary of State to have made a study ofthe causes of delinquency or the treatment of offenders.

Limitation, termination etc. of appointment of members

2A. An appointment as a member of the Parole Board shall, subject to paragraph2B to 2D below, last for such period, being not shorter than 6 years norlonger than seven years, as is specified in the instrument of appointment.

2B. A member of the Parole Board may resign at any time by giving notice to thateffect to the Scottish Ministers.

2C. An appointment of a person as a member of the Parole Board shall notextend beyond the day when the person reaches the age of 75.

2D. The appointment of a member of the Parole Board shall come to an endupon the member’s being removed from office under paragraph 3 below.


30

2E. A person may be reappointed to be a member of the Parole Board only if-

(a) three years or more have passed since the person ceased to be amember of the Parole Board; and

(b) the person has not previously been reappointed under paragraph 2E(a) above.

2F. A person whose membership of the Parole Board came to an end byresignation under paragraph 2B above may be reappointed under paragraph2E above.

2G. A person whose membership of the Board came to an end on removal fromoffice under paragraph 3 below shall not be reappointed.

2H. The provisions of paragraph 1 to 2D above apply to a reappointment underparagraph 2E above as they apply to an appointment.

Performance of duties

2J. The Chairman of the Parole Board shall have regard to the desirability ofsecuring that every member of the Parole Board is given the opportunity ofparticipating appropriately in the functions of the Board under this Act on notfewer than 20 days in each successive period of 12 months beginning withthe day of the member’s appointment as such.

Removal of members from office

3. A member of the Parole Board may be removed from office by and only byorder of the tribunal constituted by and under paragraph 3B below ("thetribunal").

3A. The tribunal may order the removal from office of a member only if, afterinvestigation carried out at the request of the Scottish Ministers, it finds thatthe member is unfit for office by reason of inability, neglect of duty ormisbehaviour.

3B. The tribunal shall consist of the following three members, who shall beappointed by the Lord President of the Court of Session-

(a) either a Senator of the College of Justice or a sheriff principal who shall preside);

(b) a person who is, and has been for at least 10 years, legally qualified; and

(c) one other person who shall not be legally qualified.


31

3C. For the purposes of paragraph 3B above, a person is legally qualified if thatperson is an advocate or a solicitor.

3D. Regulations made by the Scottish Ministers-

(a) may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to theeffect and duration of such suspension; and

(b) shall make further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

Remuneration and Allowances

4. There shall be paid to the members of the Parole Board such remunerationand allowances as the Secretary of State may with the consent of Treasurydetermine.

5. The expenses of the Board under paragraph 4 above and any other expensesincurred by the Board in discharging its functions mentioned in section 20(1)of this Act shall be defrayed by the Secretary of State.

Reports

6. The Board shall as soon as possible after the end of each year make to theSecretary of State a report on the performance of its functions during theyear, and the Secretary of State shall lay a copy before Parliament.

Regulations

6A. Regulations under paragraphs 1A and 3D above shall be made by statutoryinstrument.

6B. No such regulations shall be made unless laid before, and approved byresolution of, the Scottish Parliament.


32

Financial Information

Fees and Expenses

1. Under the provisions of Schedule 1 of the 1989 Act and Schedule 2 of the1993 Act, members of the Parole Board for Scotland may receive sessionalfees for attendance at Board meetings; and they may also be paid a full fee orpart of a fee for undertaking other business of the Board, the sessional ratespayable to each category of member in 2004 were as follows:

Chairman £326Legal Member £277Psychiatrist £277Lay Member £178

2. Members of the Board are also paid allowances for travelling and subsistencein accordance with prescribed scales.

3. On the basis of the current information available, the Board’s estimate of itsexpenditure during 2004/05 is £738,853 made up as follows:

Fees of Members £329,965Travel and Subsistence 58,500Staff Salaries 207,232Legal Costs 25,854Capital Expenditure 11,691Other 105,611

Total £738,853

Printed in the UK for The Stationery Office Limited, on behalf of the Queen’s Printer for Scotland

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