Prison Release - Crown & Magistrates Courts
Prison Release
When a prisoner is released depends on:
• the length of their sentence
• their behaviour in prison
• any time spent on remand (waiting for their trial)
If the prisoner has a fixed term (determinate) sentence
A prisoner serving a determinate sentence is normally released automatically halfway through their sentence (Criminal Justice Act 2003).
(From 1 April 2020 - https://www.legislation.gov.uk/uksi/2020/158/made) A prisoner serving a determinate sentence of 7-years or more for serious violent or sexual offences which carry a maximum penalty of life (including crime such as manslaughter, rape or GBH) will normally be automatically after serving two-thirds of their sentence.
Statutory Instruments: The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 and the Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations Order 2019 change the release point for those serving standard determinate sentences of 7 years or more (where the maximum sentence is life to the two-thirds point and apply the changes to those serving consecutive sentences). This does not apply to the Specified Terrorism Offences in Part 3 of the Schedule and is not applied retrospectively.
If their sentence is 12 months or more, they'll be released on probation.
A Parole Board is not involved.
Parole
Getting parole means you can leave prison or be released from custody before the end of your sentence. You'll be kept under supervision, known as being 'on licence' or probation.
You may be released or transferred to an open prison ('open conditions').
The rules are different in Scotland, Northern Ireland or if you're a young offender.
The government will apply for parole on your behalf - you do not have to do anything.
When you're eligible for parole
When you're eligible for parole depends on what type of sentence you have.
Life or indeterminate sentence
You'll be contacted either:
• 3 years before your earliest release date ('tariff') runs out if you're serving a sentence of 4 years or more
• at least 6 months before your tariff runs out if you're serving a shorter sentence
Extended or fixed-term sentences
You'll be contacted up to 6 months before your earliest release date if you have either:
• an extended sentence
• a fixed-term sentence of 4 years or more, given before 3 December 2012 for a serious violent or sexual crime committed before 4 April 2005
You're not eligible for parole if your sentence is less than 4 years.
When a Parole Board reviews a case
Prisoners can apply for parole if they have an extended sentence, or a fixed-term sentence for:
• 4 years or more
• a serious violent or sexual crime committed before 4 April 2005
Parole Board hearing
You may have to go to a hearing before the Parole Board can make a decision.
You'll get a hearing if:
- • the Parole Board thinks there's a realistic prospect of you being released or moved to open conditions
- • they need more evidence from you because the file did not give them what they needed
- • for any other reason, the Board thinks it would be fair to give you an oral hearing
What happens at the hearing
Up to 3 members of a panel will decide whether to release you based on a file of documents the prison puts together. This includes:
- • your behaviour in prison
- • what you plan to do once released
- • whether you're likely to commit more crime or are a danger to the public
- • why you're in prison
- • previous offences
- • what the judge said when you were sentenced
- • the victim statement - this may be read at the hearing
- • medical, psychiatric and psychological evidence
Who will be at the hearing
You must usually attend the Parole Board hearing.
There will be other people at the hearing, for example:
What happens next
The Parole Board will write to you with their decision. The hearing and full decision will be kept private.
You may be able to challenge the decision.
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