Parole Board for Scotland

Logo of the Parole Board for Scotland

Agency overview
Formed| 1967; 57 years ago (1967)
Type| tribunal non-departmental public body
Jurisdiction| Scotland
Headquarters| Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD
55°56′06″N 3°10′58″W﻿ / ﻿55.93489°N 3.18291°W﻿ / 55.93489; -3.18291
Minister responsible|

* Keith Brown MSP, Cabinet Secretary for Justice

Agency executives|

* John Watt, Chairman
* Colin Spivey, Chief Executive

Parent department| Justice Directorate of the Scottish Government
Key document|

* Prisons (Scotland) Act 1989

Website| www.scottishparoleboard.scot
Map

Scotland in the UK and Europe

Part of a series on

Scots law

Administration

* Justice and Communities Directorate of the Scottish Government
* Cabinet Secretary for Justice
* Judicial Appointments Board
* Judicial Complaints Reviewer
* Parole Board for Scotland
* Legal Aid Board
* Courts & Tribunals Service
* College of Justice
* Office of the Public Guardian
* Scottish Sentencing Council
* Law Commission
* Criminal Cases Review Commission
* Prison Service

Civil courts

* Court of Session
* Lord President
* Lord Justice Clerk
* Lord of Session
* Office of the Accountant of Court
* Acts of Sederunt
* Sheriff Court
* Sheriff Appeal Court
* Sheriff Principal
* Sheriff Personal Injury Court
* Sheriff

Criminal courts

* High Court of Justiciary
* Lord Justice-General
* Lord Justice Clerk
* Lords Commissioner of Justiciary
* Acts of Adjournal
* Sheriff courts
* Sheriff Appeal Court
* Sheriff Principal
* Sheriffs
* Justice of the peace courts
* Justices of the peace

Special courts

* Court of the Lord Lyon
* Lord Lyon King of Arms
* Children's Reporter Administration
* Children's Hearings
* Land Court
* Lands Tribunal
* Scottish Solicitors' Discipline Tribunal

Criminal prosecution

* Lord Advocate
* Crown Office and Procurator Fiscal Service
* Advocate Depute
* Procurator fiscal
* Fiscal fine
* Precognition

Legal profession

* Judiciary
* Faculty of Advocates
* Advocate
* Law Society
* Solicitor-Advocate
* Solicitor
* Association of Commercial Attorneys
* Scottish Legal Complaints Commission

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The Parole Board for Scotland (Scottish Gaelic: Bòrd Cead-saoraidh na h-Alba) is a tribunal non-departmental public body in Scotland first established in 1967, with responsibility for parole decisions. Its decision making and operating are independent of the Scottish Government, and many of its decisions are binding on Scottish Ministers. The Parole Board has statutory powers to:

* Recommend the release of prisoners with determinate sentences or extended sentences of 4 years or more (with licence where required);
* Direct the release of prisoners with life sentences on life licence;
* Recommend the conditions to be attached to prisoners' non-parole licences;
* Recommend the recall to prison, in the public interest, of anyone released on parole, non-parole or life licence;
* Direct the re-release of prisoners recalled to prison.

The Parole Board also has the power to advise the Scottish Ministers on additional conditions on prisoners' release licences, and it operates as appellate body for alleged breaches of Home Detention Curfew. The Parole Board can only make a determination where the Scottish Ministers refer a case.

John Watt is the current chairman having been appointed to that position on 1 January 2013.

## Remit and jurisdiction[edit]

### Criminal justice system[edit]

The Parole Board is part of the criminal justice system in Scotland. It is a Tribunal Non-Departmental Public Body which has a number of statutory functions but operates independently from the Scottish Government.[1] It is responsible for making important decisions about the release and recall of long term prisoners, and for setting licence conditions for a range of prisoners to help manage their risk in the community on release.[2]

### Referral by Scottish Ministers[edit]

The Parole Board has no statutory powers to consider the case of a prisoner unless the case has been referred to it by Scottish Ministers. For each case it receives a range of information that has been prepared by relevant professionals including: a home background report, a prison social work report, a trial judge report (if available), and where appropriate psychological and/or psychiatric report, sentence management reports and prisoner misconduct reports.[3]

### Information considered[edit]

The Parole Board gives consideration to any information that it receives, including written comments that a victim of a crime can supply about the release of the offender (under the Victim Notification Scheme). Decisions made by the Board are intended to focus on the potential risk a prisoner might pose to the community.[4]

## Evaluation[edit]

In 2011, an Audit Scotland review of Scotland’s criminal justice system noted that the Parole Board is sometimes limited in its ability to grant parole because of the lack of availability of rehabilitation programmes in prison.[5]

## Legislation[edit]

Procedures around the release of prisoners sentenced on or after 1 October 1993 are detailed in the Prisoners and Criminal Proceedings (Scotland) Act 1993.[6] The legislation covering the parole consideration in relation to these prisoners is set out in the Parole Board (Scotland) Rules 2001.[7]

Appointments to the Board are regulated by the Office of the Commissioner for Public Appointments in Scotland. John Watt was appointed as chairman on 1 January 2013.[8]

## References[edit]

1. ^ "Multi Agency Public Protection Arrangements (MAPPA) National Guidance 2012 Version 1 and Covering Justice and Communities Circular JD/01/2012". Scottish Government. 12 January 2012. Retrieved 7 September 2014.
2. ^ "News: Parole Board for Scotland". Scottish Government. 16 November 2012. Retrieved 7 September 2014.
3. ^ "Role of the Board". Parole Board for Scotland. Retrieved 7 September 2014.
4. ^ "After the verdict: The Parole Board". Victims of Crime in Scotland. Retrieved 7 September 2014.
5. ^ "An overview of Scotland's criminal justice system" (PDF). Audit Scotland. September 2011. Retrieved 7 September 2014.
6. ^ "Prisoners and Criminal Proceedings (Scotland) Act 1993". National Archives. Retrieved 7 July 2021.
7. ^ "Parole Board (Scotland) Rules 2001". National Archives. Retrieved 7 July 2021.
8. ^ "About Us". www.scottishparoleboard.scot. Parole Board for Scotland. Retrieved 28 May 2022.

## External links[edit]

* Official website

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Tribunals of Scotland

Devolved tribunals|

* Upper Tribunal for Scotland
* First-tier Tribunal for Scotland
* Children's panels
* Council Tax Reduction Review Panel
* Lands Tribunal for Scotland
* Mental Health Tribunal for Scotland
* NHS Tribunal
* Parole Board for Scotland
* Pensions Appeals Tribunal
* Police Appeals Tribunal
* Scottish Solicitors Discipline Tribunal
* Valuation Appeal Committee

Reserved tribunals|

* First-tier Tribunal
* Upper Tribunal
* Employment tribunals
* Employment Appeal Tribunal

Tribunal administration|

* Scottish Courts and Tribunals Service
* Her Majesty's Courts and Tribunals Service

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Criminal justice system of Scotland

Administration|

* Scottish Government
* Justice Directorate
* Cabinet Secretary for Justice and Home Affairs
* Minister for Victims and Community Safety

Investigation|

* Police Scotland
* Scottish Police Authority
* Police Investigations and Review Commissioner
* HM Inspectorate of Constabulary
* Specialist reporting agency
* National Crime Agency

Prosecution|

* Crown Office
* Lord Advocate
* Solicitor General for Scotland
* Advocate Depute
* Procurator Fiscal
* Precognition
* Criminal law

Criminal courts|

* Courts of Scotland
* Scottish Courts and Tribunals Service
* Scottish Sentencing Council

* High Court of Justiciary
* Lord Justice General
* Lord Justice Clerk
* Lords Commissioners of Justiciary
* Act of Adjournal
* Lord Advocate's Reference

* Sheriff Court
* Sheriff Appeal Court
* Justice of the Peace Courts

Punishment|

* Scottish Prison Service
* HM Inspectorate of Prisons
* Order for Lifelong Restriction
* Parole Board for Scotland
* Risk Management Authority
* Fiscal fine
* Admonition

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