Parole UK

Parole in England and Wales

Parole is the conditional release of a prisoner before the end of their sentence, subject to supervision in the community. This guide explains how the Parole Board works, who is eligible for parole, what licence conditions apply, and what happens if they are breached.

What is Parole?

Parole is the mechanism by which prisoners serving certain sentences are released from custody before the end of their sentence, subject to conditions and supervision. The prisoner remains "on licence" in the community and may be recalled to prison if they breach their conditions or if their risk increases.

The Parole Board for England and Wales is an independent body that makes decisions about the release of prisoners serving indeterminate sentences (life and IPP) and certain determinate sentences where early release requires a risk assessment. The Board's overriding duty is the protection of the public.

The legal framework is primarily found in the Criminal Justice Act 2003 (for determinate sentences) and the Crime (Sentences) Act 1997 (for life sentences). For the full text of these statutes, legislation.uk provides free access to over 15,000 items of UK legislation.

The Parole Board

The Parole Board was established in 1968 and placed on a statutory footing by the Criminal Justice Act 1991. It is an independent body sponsored by the Ministry of Justice. Members include judges, psychiatrists, psychologists, probation officers, and independent members with relevant experience.

The Board considers cases referred to it by the Secretary of State. For indeterminate sentence prisoners (life and IPP), the Board has the power to direct release. The test is whether the prisoner's continued detention is necessary for the protection of the public. If the Board is not satisfied that detention remains necessary, it must direct release.

The Parole Board's overriding consideration is the protection of the public. The question is not whether the prisoner deserves release, but whether the risk they pose can be safely managed in the community.

Parole hearings may be held on paper or as oral hearings. In an oral hearing, the prisoner is entitled to legal representation (usually funded by legal aid). Witnesses may include prison psychologists, probation officers, and prison officers. Victims may attend and read a Victim Personal Statement.

Who is Eligible?

Indeterminate sentences (life and IPP): The prisoner must serve the minimum term (tariff) set by the sentencing judge. After the tariff has expired, the case is referred to the Parole Board, which decides whether to direct release. If not directed for release, the case is reviewed periodically (at least every two years).

Determinate sentences: Most prisoners serving determinate sentences of less than 4 years are released automatically at the halfway point. Prisoners serving sentences of 4 years or more for offences committed before April 2005 may be considered for release by the Parole Board at the halfway point (Parole Eligibility Date), with automatic release at the two-thirds point. For sentences imposed after April 2020 for certain serious offences, release is at the two-thirds point rather than halfway.

The sentencing guidelines provide context on how sentence lengths are determined, which in turn affects the release point and any Parole Board involvement.

Licence Conditions

All prisoners released before the end of their sentence are subject to licence conditions. Standard conditions apply to every released prisoner and include: keeping in touch with the supervising officer, receiving visits, residing at an approved address, not travelling outside the UK without permission, and being of good behaviour.

Additional conditions may be imposed depending on the nature of the offence and the risk assessment. These may include: a curfew (often with electronic monitoring), exclusion from specified areas, non-contact with specified persons, attendance at programmes (drugs, alcohol, anger management), and polygraph testing for certain sexual offenders.

Standard licence conditions include:
1. Keep in touch with supervising officer
2. Receive visits at home
3. Reside at approved address
4. Not travel outside UK without permission
5. Not commit any offence
6. Be of good behaviour

Recall to Prison

If a prisoner on licence breaches their conditions, or if their risk increases, the Secretary of State may recall them to prison under section 254 of the Criminal Justice Act 2003. The probation service recommends recall; the decision is taken by the Public Protection Casework Section of HMPPS.

There are two types of recall: standard recall (the prisoner remains in custody until the Parole Board reviews the case) and fixed-term recall (28 days, for less serious breaches by determinate sentence prisoners). The prisoner may make representations to the Parole Board, which must consider whether the prisoner should be re-released or remain in custody.

The police may be involved in locating and arresting a prisoner who is unlawfully at large (having been recalled but not yet returned to custody).

IPP Sentences

Imprisonment for Public Protection (IPP) was introduced by the Criminal Justice Act 2003 for offenders considered to pose a significant risk of serious harm. It was an indeterminate sentence with a minimum tariff, after which release depended on the Parole Board being satisfied that detention was no longer necessary for public protection.

IPP was abolished by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for offences committed after 3 December 2012. However, over 2,800 IPP prisoners remain in custody, many years beyond their original tariff. The controversy lies in the indefinite nature of the sentence and the difficulty of demonstrating reduced risk from within a prison environment.

In 2023, the government introduced a plan to progressively move IPP prisoners towards release, including a licence termination scheme. For an overview of the prison system and the institutions where IPP prisoners are held, free reference material is available.

Release on Temporary Licence (ROTL)

Release on Temporary Licence allows prisoners to leave the prison establishment for a specific purpose and period. Types include: resettlement day release (work or education), resettlement overnight release (maintaining family ties), childcare resettlement licence, special purpose licence (medical treatment, court attendance), and compassionate licence (funeral, critically ill relative).

ROTL is not automatic: it is granted by the prison governor based on a risk assessment. Category A prisoners and those on the escape list are not eligible. ROTL is an important step in the resettlement process and is often a precursor to release on licence.

Challenging a refusal of ROTL or a Parole Board decision may involve the appeal routes available through judicial review in the Administrative Court.

Further Reading

Frequently Asked Questions

How does the Parole Board decide whether to release a prisoner?

The Board assesses whether continued detention is necessary for public protection. It considers the offence, behaviour in custody, professional reports, risk management plan, and victim representations.

What happens if you breach your licence conditions?

The Secretary of State may recall you to prison under s.254 CJA 2003. Standard recall means you remain until the Parole Board reviews; fixed-term recall is 28 days for less serious breaches.

What is an IPP sentence and why is it controversial?

An indeterminate sentence abolished in 2012, with over 2,800 people still held beyond their tariff. The controversy centres on indefinite detention and the difficulty of demonstrating reduced risk from within prison.

How long do licence conditions last after release?

Determinate sentences: until sentence expiry date. For short sentences (under 2 years, imposed after February 2015), an additional 12 months of post-sentence supervision applies under the Offender Rehabilitation Act 2014. Life/IPP: indefinite, but licence suspension may be applied for after 10 years.

Can victims attend parole hearings?

Victims registered with the Victim Contact Scheme may submit a Victim Personal Statement and, since 2018, may attend the hearing to read it or observe. The decision is based on public protection, not the victim's wishes.