Professor Nicky PADFIELD 2018-19, Lectures 9 and 10
Paper 34 (Law), SOC 15 (PPSIS/HSPS), and CR1 in PBS
CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM
Getting out of prison: law and practice
Summary
1. Introduction
2. A brief history of early release (just for context; we’ll skim this)
2.1. From 1991- 2005
2.2. Conditional release after implementation of CJA 2003
2.3. Conditional release after implementation of CJIA 2008
2.4. LASPOA 2012
2.5. Offender Rehabilitation Act 2014
2.6. Criminal Justice and Courts Act 2015
3. The position today
4. The changing role of the Parole Board
5. Through the Gate: Licences and post-release supervision
6. Resettlement and Recall
7. Conclusions (or questions)
1. Introduction
What rules should apply to those leaving prison? How long should they serve? What is the
‘right’ length of a sentence? Why have sentence lengths grown so much in the last 50 years?
What sort of post-release supervision should be applied to ex-offenders? (What is your preferred
penal philosophy? Are you a utilitarian or a retributivist? See next lectures).
Think through some real cases:
- Darren Osborn (https://www.judiciary.uk/wp-content/uploads/2018/02/r-v-osborne-
sentencing-remarks.pdf) (Finsbury Park murderer gets 43 year min term) or Berlinah
Wallace https://www.judiciary.uk/wp-content/uploads/2018/05/r-v-wallace-
sentencing.pdf (12 year min term)
- John Warboys/Radford (see R (DSD and NBV) v Parole Board [2018] EWHC 694
(Admin) - he’s not yet released;
- Anjem Choudary, released last week on tight license conditions to a probation hostel in
London….
Or any of the other cases you have followed in ‘real life’. And think about the empirical
evidence on ‘what works’, ‘resettlement’, ‘desistance’ etc. Think theory, law and practice……
2. A brief history of early release (to give context – don’t learn all the details!)
Executive early release a long-standing feature of English penal system. Banishment, then
transportation (US 1717 – 1770; Australia 1786–1852) and the ‘ticket of leave’. Remission for
good behaviour (1/3).
The Parole Board for England and Wales created by CJA 1967: parole then two main objectives:
reduction in prison pop + attempt to help in rehabilitation of offenders by releasing them into the
community at the “right” time in their sentence under the supervision of a probation officer to
whom they were required to report regularly. Prisoners originally eligible to be considered for
release after they had served one third of their sentence (for early history, see [1983] Crim LR
137). Tripartite role of Home Sec, PB, and Local Review Cttee.
1
Paper 34 (Law), SOC 15 (PPSIS/HSPS), and CR1 in PBS
CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM
Getting out of prison: law and practice
Summary
1. Introduction
2. A brief history of early release (just for context; we’ll skim this)
2.1. From 1991- 2005
2.2. Conditional release after implementation of CJA 2003
2.3. Conditional release after implementation of CJIA 2008
2.4. LASPOA 2012
2.5. Offender Rehabilitation Act 2014
2.6. Criminal Justice and Courts Act 2015
3. The position today
4. The changing role of the Parole Board
5. Through the Gate: Licences and post-release supervision
6. Resettlement and Recall
7. Conclusions (or questions)
1. Introduction
What rules should apply to those leaving prison? How long should they serve? What is the
‘right’ length of a sentence? Why have sentence lengths grown so much in the last 50 years?
What sort of post-release supervision should be applied to ex-offenders? (What is your preferred
penal philosophy? Are you a utilitarian or a retributivist? See next lectures).
Think through some real cases:
- Darren Osborn (https://www.judiciary.uk/wp-content/uploads/2018/02/r-v-osborne-
sentencing-remarks.pdf) (Finsbury Park murderer gets 43 year min term) or Berlinah
Wallace https://www.judiciary.uk/wp-content/uploads/2018/05/r-v-wallace-
sentencing.pdf (12 year min term)
- John Warboys/Radford (see R (DSD and NBV) v Parole Board [2018] EWHC 694
(Admin) - he’s not yet released;
- Anjem Choudary, released last week on tight license conditions to a probation hostel in
London….
Or any of the other cases you have followed in ‘real life’. And think about the empirical
evidence on ‘what works’, ‘resettlement’, ‘desistance’ etc. Think theory, law and practice……
2. A brief history of early release (to give context – don’t learn all the details!)
Executive early release a long-standing feature of English penal system. Banishment, then
transportation (US 1717 – 1770; Australia 1786–1852) and the ‘ticket of leave’. Remission for
good behaviour (1/3).
The Parole Board for England and Wales created by CJA 1967: parole then two main objectives:
reduction in prison pop + attempt to help in rehabilitation of offenders by releasing them into the
community at the “right” time in their sentence under the supervision of a probation officer to
whom they were required to report regularly. Prisoners originally eligible to be considered for
release after they had served one third of their sentence (for early history, see [1983] Crim LR
137). Tripartite role of Home Sec, PB, and Local Review Cttee.
1
