Written question asked by Lord Avebury (Liberal Democrat), in the House of Lords. It was answered by Lord McNally (Liberal Democrat) on Tuesday, 12 October 2010.

Prisoners: Release

Question: To ask Her Majesty’s Government whether, in the case of a prisoner given an indeterminate sentence for public protection, they will treat the prisoner as if they had undergone any course specified, if they have reached their tariff but have not been able to do the course for reasons beyond their control.

Answer: Once an indeterminate sentence prisoner's tariff has expired, it is for the independent Parole Board and not the Secretary of State to determine whether the prisoner should be released from custody into the community. The board will direct the release of a tariff-expired prisoner only if it is satisfied that it is no longer necessary on the grounds of public protection for the prisoner to be detained in custody. In making its determination, the Parole Board takes into account a wide range of factors, of which attendance on accredited programmes or courses is just one. Other factors include the behaviour and attitudes exhibited by the offender whilst in custody, his progress in respect of education and training, as well as his response to any other interventions. Ultimately, it is for the prisoner to demonstrate to the Parole Board that his risk of harm has been reduced to the extent where he may be safely managed in the community.

Secondary information