News Item

Parole delays are leading to chaos for MOJ warns Napo

Thousands of prisoners in local jails in England and Wales are remaining inside well beyond their release date because there are insufficient resources to process case files at the Parole Board and Ministry of Justice.  Further delay and postponement is caused by paperwork and faxes being routinely lost or misplaced.

The overwhelming majority of those on indefinite recall to prison following their automatic release are most affected. Information from Napo members working in jails in England and Wales suggests that thousands of prisoners are affected.  On average they are spending three to four months in prison beyond their release date.  Staff in local jails estimate that around 20 former inmates are recalled because of breaching their licence conditions to each jail every month.  In addition substantial delays before release are being experienced by prisoners given indeterminate public protection sentences.  In some cases the amount of time beyond release date is over nine months.

The number of persons recalled to prison during 2010-11 had reached 15,631 compared to just 2,437 a decade ago.  This represents more than a six-fold increase over that period.  The figures suggest that over half the 6,500 prisoners given an indeterminate sentence have passed their expected release date or tariff.  The prison population stands at an all time high of 88,000 and further cuts to either the parole process or casework preparation will make matters even worse.  It could be costing the Ministry of Justice up to £90 million to hold these prisoners beyond their release date.

The case studies submitted by Napo members show that increasingly the prisoners, through their lawyers, are resorting to legal action to sue the government for being held unlawfully.  The government therefore is facing huge compensation bills in addition to the cost of holding the prisoners past their release date.  Many prisons in England and Wales are reporting prisoners in queues waiting to go to open conditions which are not available despite recommendations of the Parole Board.  Solicitors acting for these men are also resorting to legal action.

Harry Fletcher, Assistant General Secretary of Napo, said: “It appears that thousands of prisoners are being held beyond their release date because of lack of resources at the Parole Board and Ministry of Justice.  This is costing the taxpayer millions in unnecessary incarceration.  The majority of prisoners affected are either those who have been recalled to custody awaiting a release decision and those on indeterminate sentences who have passed their tariff date.  They are deemed low risk to the public”.

He added:  “It is ironic that cuts to the Ministry of Justice prison budget are actually costing more in unnecessary incarceration.  Not surprisingly scores of legal actions are now being taken against the government for wrongful detention.  Other prisoners are taking legal action because the Parole Board has said they are fit for open conditions but they haven’t been transferred.  A mix of fewer staff, more prisoners and delay means the prison service faces meltdown”.

Download briefing and casestudies

Parole Decision Delays briefing (Napo 31-12-11) PDF