Challenging Parole Decisions in England and Wales: Reconsideration and Set Aside
Of all the reforms to parole in England and Wales that were introduced after the furore surrounding the 2017 decision to direct the release of the so-called ‘Black cab rapist’, John Worboys, perhaps the most important was the creation in 2019 of a reconsideration mechanism which obliges the Parole Board (on application) to take a second look at provisional parole decisions after they have been made. In 2022, a second scheme was introduced which permits final parole decisions to be set aside. This article – the first of its kind – considers the fruits of the author’s analysis of every reconsideration and set aside decision that was published as of the end of December 2024: more than 1,300 cases in all. It offers a window not just onto how the two schemes are working but onto parole decision-making generally. The article considers the structure and scope of the schemes; how applications are assessed; the success rates; the grounds presented; and the relationship with judicial review. It
Of all the reforms to parole in England and Wales that were introduced after the furore surrounding the 2017 decision to direct the release of the so-called ‘Black cab rapist’, John Worboys, perhaps the most important was the creation in 2019 of a reconsideration mechanism which obliges the Parole Board (on application) to take a second look at provisional parole decisions after they have been made. In 2022, a second scheme was introduced which permits final parole decisions to be set aside. This article – the first of its kind – considers the fruits of the author’s analysis of every reconsideration and set aside decision that was published as of the end of December 2024: more than 1,300 cases in all. It offers a window not just onto how the two schemes are working but onto parole decision-making generally. The article considers the structure and scope of the schemes; how applications are assessed; the success rates; the grounds presented; and the relationship with judicial review. It asks whether these new mechanisms have achieved what was wanted from them and concludes that, although incremental improvements are warranted, they serve an important function and ought to be allowed to continue to mature.
Of all the reforms to parole in England and Wales that were introduced after the furore surrounding the 2017 decision to direct the release of the so-called ‘Black cab rapist’, John Worboys, perhaps the most important was the creation in 2019 of a reconsideration mechanism which obliges the Parole Board (on application) to take a second look at provisional parole decisions after they have been made. In 2022, a second scheme was introduced which permits final parole decisions to be set aside. This article – the first of its kind – considers the fruits of the author’s analysis of every reconsideration and set aside decision that was published as of the end of December 2024: more than 1,300 cases in all. It offers a window not just onto how the two schemes are working but onto parole decision-making generally. The article considers the structure and scope of the schemes; how applications are assessed; the success rates; the grounds presented; and the relationship with judicial review. It asks whether these new mechanisms have achieved what was wanted from them and concludes that, although incremental improvements are warranted, they serve an important function and ought to be allowed to continue to mature.
Executive Summary
This article examines the effectiveness of the reconsideration and set aside mechanisms introduced in England and Wales to challenge parole decisions. The author analyzes over 1,300 cases, providing insight into the structure and scope of the schemes, application assessment, success rates, and relationship with judicial review. The article concludes that while incremental improvements are needed, the mechanisms serve an important function and should be allowed to mature.
Key Points
- ▸ Introduction of reconsideration mechanism in 2019 and set aside scheme in 2022
- ▸ Analysis of over 1,300 reconsideration and set aside decisions
- ▸ Evaluation of the schemes' structure, scope, and success rates
Merits
Increased Transparency
The introduction of reconsideration and set aside mechanisms has increased transparency in parole decision-making, allowing for a second look at provisional decisions and final decisions to be set aside.
Improved Accountability
The schemes have improved accountability within the Parole Board, ensuring that decisions are thoroughly reviewed and reconsidered when necessary.
Demerits
Limited Success Rates
The success rates of the reconsideration and set aside mechanisms may be limited, potentially indicating that the schemes are not fully effective in addressing concerns with parole decisions.
Relationship with Judicial Review
The interaction between the reconsideration and set aside mechanisms and judicial review may be unclear, potentially leading to confusion and inefficiencies in the review process.
Expert Commentary
The introduction of reconsideration and set aside mechanisms marks a significant development in parole decision-making in England and Wales. While the article highlights the importance of these schemes, it also underscores the need for ongoing evaluation and improvement. The relationship between these mechanisms and judicial review is particularly noteworthy, as it may have implications for the efficiency and effectiveness of the review process. As the schemes continue to mature, it is essential to monitor their impact and make adjustments as necessary to ensure that they achieve their intended goals.
Recommendations
- ✓ Continued evaluation and monitoring of the reconsideration and set aside mechanisms to assess their effectiveness and identify areas for improvement.
- ✓ Clarification on the relationship between the schemes and judicial review to ensure efficiency and consistency in the review process.
