Description of the legal term Parole:
Parole in the context of British law refers to the temporary or permanent release of a prisoner before the completion of their sentence, under the condition that they abide by certain promises. It is a means for the rehabilitation and reintegration of offenders back into society. The concept is based on the idea that conditional release can provide motivation for good behavior while serving their sentence and help in the prevention of future crimes by offering the support needed to adjust to life outside of prison.
The Parole Board for England and Wales is an independent body that carries out risk assessments on prisoners to determine whether they can be safely released into the community. If the Board believes the prisoner will not pose a significant risk of causing harm to the public, and they have served a requisite portion of their sentence, they may be released under specific conditions.
When released on parole, individuals must comply with certain conditions which could include regular meetings with a supervising officer, adhering to curfews, restrictions on travel, and possibly wearing an electronic tag for monitoring purposes. Violation of these conditions can result in the individual being recalled to prison.
The parole process typically starts with the prisoner applying for parole. The Parole Board reviews the case, including reports from prison officers and probation services, and may also hear from the prisoner and their legal representatives as well as from victims. Decisions to release a prisoner are made with public safety as the paramount concern.
It’s important to note that not all prisoners are eligible for parole. Lifers and those convicted of serious offenses, such as murder, have different considerations for release which typically includes serving a minimum term set by the court and demonstrating significant work towards rehabilitation.
Legal context in which the term Parole may be used:
Consider the case of a person convicted of burglary who has been given a determinate prison sentence of five years. After serving half of their sentence, they become eligible to apply for release. Their conduct in prison has been exemplary, and they have taken part in relevant rehabilitation programs. The Parole Board reviews their case and decides that the individual is a low risk for reoffending and has shown genuine commitment to turning their life around.
After a thorough examination of their case, including discussions with the victim through Victim Contact Scheme, the Board grants parole. The conditions include a six months’ residence at an approved premise, a curfew between 7 pm and 7 am, and attending ongoing rehabilitation sessions. They are informed that any breach of these conditions can lead to their immediate return to prison. During the period of parole, the individual manages to secure employment and continues to abide by the set conditions, successfully completing their integration back into the community.
Another example is a case involving an individual convicted of manslaughter with a sentence of ten years. Given the gravity of the offense, their path to potential release includes close scrutiny of their behavior and participation in therapy sessions addressing violent behavior. After serving half of their sentence, the Parole Board evaluates their application for release. The decision hinges not only on the prisoner’s conduct and engagement with therapeutic processes but also on the risks posed to the public. Following an extensive review, the Board determines that the individual has not sufficiently reduced their risk to the public and denies parole.
Understanding the term parole is pivotal in appreciating the various aspects of the criminal justice system in the UK that aim to balance the protection of the public with the rehabilitation of offenders. It’s a key element in the administration of sentences, providing incentives for prisoners to reform and offering a structured path for their gradual re-entry into society as law-abiding citizens. This delicate balance underpins the very concept of parole, where each case is evaluated on its own merits to ensure that societal safety is upheld while giving those who have shown genuine change a chance for redemption.