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'- ~Arole Bp5!@-F§Yr, I§Cotland If you have issues viewing or accessing this file contact us at NCJRS.gov. -- ----- --- ---------- ---- ---- ---- - '- ~arole Bp5!@-f§Yr, I§cotland {/-.,;. ...4<~ ........... ,.~"'''~=~.,.,,:<:omo'''O' -,,"\ •• ,=-~~ -- ~Re[!ort ~ffYr 19.7~ J 'P'~'''· Presented to Parliament by the Secretary oj State for Scotland under Schedule 2, para. 6, Criminal Justice Act, 1967 Ordered by The House of Commons to be printed 29th July, 1974 EDINBURGH HER MAJESTY'S STATIONERY OFFICE 22p net Parole Board for Scotland Report .for 1973 i'rrs'llfcd to Pal'liiilw:1l1 bv tilt! StcrC(t/I'Y of State for .".;COtltlfl!l iIIllier Scilcdr/ic 2. para. fl, Criminal iliHicc Act. Nfl"'! .. O""(/t.ll "vI he !flluse of Cn 111 III ( 'n:; to be prillit'd 2tJth Julv, I I.} 74 [:.:[)[A'/JURGll lIER MAJESI Y'') STATIONERY OIFI<T 22p J1\!t 278 Membership of of the Parole Board during 1973 CHAPTER ONE The Very Rev. Dr R. L. SMALL, OBE Chairman (retired in December 1973) Minister of St Cuthbert's Church Edinburgh; former Moderator of th~ General Assembly of the Church of The Parole System ,Scotland; former memher of the Scottish Advisory Council for the . 1. .In presenting its sixth report the Parole Board for Scotland considers , Tre.atment of the Offender. It advIsable to restate the various aspects of the parole system. The Very Rev. Father ANTHONY Ross V ice-Chairman Roman Catholic Chaplain, Univer­ 2. Parole is. a method by which persons serving a sentence of imprison. sity of Edinburgh~ former member ment ~r detentlOn It',ay be released, under specified conditions, to serve part of the After-Care Council; Chair­ of theIr sentence under supervision in the community. man of the Edinburgh Cyrenian Trust. 3.. Section 60~1) of the Criminal Justice Act 1967 provides that a person D. A. P. BARRY, OBE Company Director; former member servmg a ?et~rm~na1te sentence of imprisonment or of detention in a young appointed Chairman in January 1974) of the After-Care Council. offenders m.StltutIOn. may be released on parole after having completed at J.E. BURROW Director of Social Work, Dunbar­ l~ast on~.thtrd of hr:s s~nt.ence or one year, whichever is the longer period: (appointed in October 1973) tonshire; fomer member of the Smc~ wIth normal relUlSSlon a prisoner is released after serving two-thirds Local Review Committee at Perth of his sentence, this means that parole is limited in practice to those serving and Barlinnie Prisons. sentenc~s of more t~an 18 months. A person released from custody on J. B. W. CHRISTIE Sheriff, Dundee. parole IS placed on licence requiring him to comply with certain conditions. (retired in December 1973) To en~ure compliance with the conditions of his licence, the parolee is J.COOPER Headmaster, St Columba of lona supervIsed by a local authority social worker from the area where he will Secondary School, Glasgow. reside. The licence remains in force until the date on which, in the case Dr H. C. FOWLIE Consultant Psythiatrist; Group Phy­ of an adult, he would have been released in any case had parole not been (appointed in January 1973) sician Superintendent, Royal Dun­ granted (normally the date on which he would have completed two-thirds dee Liff and Strathmartine Hos­ of his total sentence); and in the case of a person who was under the age pitals, Dundee. of 21 at the time oE sentence, until the date on which his total sentence Miss E. I. W. HOBKIRK, eBE, TD Former Governor of Greenock expires. During the period of the licence he is subject to recall to custody (retired in June 1973) Prison; former Head Warden of for breach of any of its conditions. The procedure may best be illustrated Bristol Royal Hospital. by example :-An adult person sentenced to be imprisoned for six years J. McINTYRE, ISO Former Governor,Edinburgh Prison: can expect to serve four years provided tha~ behaviour' while in prison does (appointed in October 1973) former Inspector of Prisons. 'not lead to loss of remission. Under the parole scheme he becomes eligible DrH. J. B. MILLER Consultant Psychiatrist; Physician for consideration for parole after having served two y.ears (ie one-third of Superintendent, Ailsa Hospital, Ayr. total sentence). If granted parole he would be subject to the conditions of licence for a period of two y.ears (ie until the two-thirds stage of his total J. MILNE Assistant General Secretary, Scottish sentence). A person who was under 21 at the time of sentence, would, if Trades Union Congress. granted parole in similar circumstances, be subject to the conditions of Mrs A. M. MORRIS Lecturer, Department of Criminal licence for four years (ie until the date on which his total s~ntence expires). (resigned in June 1973) Law and Criminology, University of Edinburgh. 4. A sentence under section 51(2) of the Children and Young Persons Miss P. PARSLOE Professor of Social Work, Univer­ (Scotland) Act 1937 as amended by the Social Work (Scotland) Act 1968 (appointed in July 1973) sity of Aberdeen; editor of the provides that where a child is convicted on indictment and the court is of British ' Journal of Social Work. the opinion that none of the other methods in which the case may legally W. O. PATTULLO Sheriff, Glasgow. be dealt with is suitable, the court may sentence the offender to be detained Sir JAMES ROBERTSON, CBE Former Chief Constable of the City for such period as may be specified. (A child is a person under the age of Glasgow. of 16 or one over .16 but under 18 who is alrtady the subject of a current Lord Justice-Clerk. The Rt. Hon. LORD WHEATLEY supervision require.qJ.ent made by a children's hearing.) A person so sen~ 4 5 tenced is liable to be detained in such place and under such conditions as prospects than appeared at first; and such cases may be formally referred the Secretary of State may direct. The placement of these persons may be to the Board for a recommendation on release. Special arrangements for outwith the prison service establishments, for example in a List D school screening apply in the case of persons convicted of offences involving Sex (formerly known as appro\red school). These sentences do not attract auto­ or violence. matic remission but in terms of section 61 of the Criminal Justice Act 1967 the Secretary of State may release on!icence a person so detained, if recom­ 8. In the process of selection each case is decided on its merits an in mended to do so by the Board, at any time during the sentence. These the light of all the information contained in the dossier. This records the persons are subject to the conditIons of the licence until the date of the inmate's social and criminal history before his current sentence, his conduct expiry of the sentence. and response during any previous periods under supervision in the com­ munity; his work record and domestic background; the circumstances of 5. Because of the nature of their sentence, different considerations his current offence including consideration of any co-accused and observa­ apply to the release on licence of persons detained in custody on a sentence tions which may have been made by the sentencing judge; his response of life imprisonment or detention during Her Majesty's pleasure (the equi­ to treatment and training in prison during his current sentence and informa­ valent in the case of someone convicted of murder who was under the age tion about his domestic and employment situation on release. of 18 years at the time the offence was committed). Under the provisions of section 61 of the Criminal Justice Act 1967 the Secretary of State may 9. The conditions of licence stipulate that the licensee shall report on release such an inmate only if recommended to· do so by the Board and release to the officer in ch~.rge of the social work department in the area must consult the Lord Justice General and jf he is still available, the judge where he will be resident and shall place himself under the supervision of who presided at the trial. Such persons, when released, are subject to the whichever officer is nominated for this purpose and keep in touch with that conditions of their licence for the remainder of their lives. officer in accordance with his instructions. He shall inform his supervising officer if he changes his place of residence or changes or loses his job and 6. An offender released on licence can have this revoked at any time he shall be of good behaviour and lead an industrious life. Additional' while it is in force and be recalled to custody. This may be done if he fails conditions ave occasionally made in some cases where, for example, a to comply with the conditions of his licence or if he commits a further condition of residence at a particular address may be imposed. offence, and according to the circumstances the revocation can be ordered by the Secretary of State in consultation with the Board, or by the court. 7. Unless the inmate has opted not to be considered for ·early release on parole a first review of his case is put in hand in advance of the date on on which he will become eligible for parole. A dossier of information on the case is laid before the appropriate local review committee. (A local review committee is appointed by the Secretary of State for each penal establishment which normally houses parole-eligible inmates and comprises the Governor of the establishment, an officer of a local authority social work department and at least one "independent" member.) The next step is scrutiny (screening) of the case by the Secretary of State, acting through his officials.
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