Determinate Sentence Prisoners
The Scottish Ministers refer to the Board a dossier in respect of
every prisoner who is eligible to be considered for parole. Such dossiers
contain details of:
- the full name and date of birth of the prisoner;
- the establishment at which the prisoner is detained;
- the prisoner’s current sentence or sentences and an indication of the offence or offences for which that sentence or those sentences were imposed;
- any other offences of which a court has found the prisoner guilty together with a note of the sentence or other disposal ordered on such findings;
- reports prepared by those involved in supervising, caring for or counselling the prisoner which describe the prisoner’s circumstances (including home background) and behaviour and on his/her suitability for release on licence; and
- information about the prisoner’s plans, including employment prospects, on release..
At the same time as the dossier is referred to the Board, the Scottish Ministers send a copy to the prisoner. The prisoner is invited to submit to the Board any written representations about the terms of the reports contained in the dossier and is asked to state whether or not he/she wishes to be interviewed by a member of the Board. In the event of the prisoner requesting an interview, he/she will be interviewed by a Board member and be provided with a copy of the report of that interview. The prisoner’s written representations and the report of the interview are incorporated in the dossier and, several days before the prisoner’s case for early release is due to be considered at a meeting of the Board, a copy of the dossier is forwarded to each member who is scheduled to attend that meeting in order that they may fully acquaint themselves with the circumstances of the case. The Parole Board Rules provide that the powers of the Board may be exercised by any 3 members of the Board, but in general terms seven members of the Board attend each case work meeting.
In the event of the Board recommending that a prisoner be granted parole, Scottish Ministers are obliged to accept the recommendation. The licence runs from the date on which the prisoner is released until the end of the sentence.
Scottish Ministers also refer to the Board information received from supervising officers and/or the police where the licensees’ behaviour in the community is giving cause for concern. In such cases the Board may recommend that the licensee is recalled to custody.
