Philip Davies – 2014 Parliamentary Question to the Ministry of Justice
The below Parliamentary question was asked by Philip Davies on 2014-03-31.
To ask the Secretary of State for Justice, how many prisoners who are in open prisons are serving (a) a life sentence and (b) an indeterminate sentence for public protection.
Jeremy Wright
Depending on the length of tariff and the risk they pose, indeterminate sentenced prisoners (ISPs – both those serving life and Imprisonment for Public Protection sentences) move through their sentence via a series of progressive transfers into lower security establishments in the closed estate and then usually into open conditions. The purpose of any placement in open conditions is for such prisoners’ risks to be tested in less stringent conditions in order to inform the Parole Board’s consideration as to whether it is safe to release them into the community. It is also is an important part of the offender’s rehabilitation. The decision to transfer ISPs to open conditions is a categorisation decision which is a matter for the Secretary of State. The Secretary of State may take this decision after seeking advice from the Parole Board or executively where the prisoners may demonstrate exceptional progress.
However, there is nothing automatic about progress from open conditions to eventual release. Rather, the period in open prison will serve as an important time to test the prisoner and will help inform the Parole Board’s decision whether the offenders risk is such that it may be safely managed in the community.
For many prisoners, in particular those such as ISPs who have spent a considerable amount of time in custody; these are essential components for successful reintegration in the community and therefore an important factor in protecting the public. To release these prisoners directly from a closed prison without the resettlement benefits of the open estate would undoubtedly lead to higher levels of post-release re-offending.
The main purpose of open conditions is to test prisoners in conditions more similar to those that they will face in the community. It also enables them to develop their plans for eventual release. Time spent in open prisons affords prisoners the opportunity to find work, re-establish family ties, reintegrate into the community and ensure housing needs are met. Open prisons are the most effective means of ensuring that prisoners are subject to testing, with appropriate risk assessment to ensure the protection of the public, before they are released into the community. Once tariff has expired, an ISP’s continued detention is justified only so long as it is necessary for the protection of the public.
Public protection is the priority and the Board will take into account a range of factors when assessing whether an offender’s risk is reduced sufficiently, in order that they can be managed in open conditions or on licence in the community. These might include the completion of offence related courses, a sustained period of good custodial behaviour, access to appropriate and stable accommodation, access to education, training and employment, and support from professionals as well as family and friends. The Parole Board would not recommend a prisoner’s transfer to open conditions unless they considered it safe to do so. Prisoners located in open prison conditions have been rigorously risk assessed and categorised as being of a low enough risk to the public to warrant their placement in an open prison.
The requested information is provided in the table attached.
These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.
