Parole (Hansard, 18 December 1984)

§ Mr. Younger

I share the public concern about the level of violent crime and of drug trafficking, and, in order to reinforce the deterrent effect of the longer sentences of imprisonment for such offences, I have made clear to the Parole Board for Scotland that I would be reluctant to exercise my discretion so as to authorise early release of a prisoner who is serving a sentence of more than five years for such offences any more than a few months before he would otherwise be released, except in cases where the circumstances are exceptional. I have, however, assured the Parole Board for Scotland that it will continue to see all the cases that it has hitherto scrutinised, following the initial review by the local review committees, so that the board will have the opportunity to bring to my attention in any such case circumstances which in its view are exceptional. The parole board recognises that it is for me, under the statute, to decide whether to accept or reject a recommendation by the parole board.

The release on licence of life sentences prisoners is at my discretion, subject to a favourable recommendation by the Parole Board for Scotland and to consultation with the Lord Justice General and (if he is available) the trial judge. While I am satisfied that the safety of the public has always been, and will continue to be, a paramount consideration for the Parole Board for Scotland as it is for myself, I am concerned to emphasise the deterrent effect of sentences of life imprisonment, especially those for the murders of police officers, murders by terrorists, sexual or sadistic murders of children or murders committed by firearm in the commission of crime. Accordingly I have made clear to the Parole Board for Scotland that only in exceptional circumstances would I feel that release earlier than 20 years would be appropriate for a prisoner sentenced to life imprisonment for such a crime; and indeed there will be cases where the gravity of the offence requires a still longer period; the same may apply to other murders. I do not, however, propose to make any changes in the procedures for the consideration for release of life sentence prisoners in Scotland, including those of the preliminary review committee which I introduced in 1980, which in my view sufficiently provide for me to obtain an initial judicial view on the requirements of retribution and deterrence, in addition to the later consultation for which statute provides. I have consulted the Lord Justice General in this matter, and have ascertained that he also is content with the present arrangements. I am, however, concerned that the Parole Board for Scotland should continue to see all those cases which would hitherto have been referred to it, so that it may have the opportunity of bringing to my attention any circumstances which it considers to be exceptional.

In forming my views on these matters, I have taken into account my discussion of them with the Parole Board for Scotland. I should add that they will not affect any case of a life sentence prisoner to whom a provisional release date has already been intimated, nor any determinate 91W sentence prisoner concerning whom the parole board had made recommendations to me before my discussion with them. I am glad to have this opportunity to repeat that I have the highest regard for the assiduity with which the parole board undertakes its difficult task and the care with which it examines each individual case on its merits.

I have also considered most carefully whether there is a need, in Scotland, to reduce the minimum qualifying period for parole to a shorter period (it is now six months in England and Wales). I have decided not to do this. Our parole system in Scotland has developed along distinctive lines, and I am not aware of any general dissatisfaction in Scotland about the range of inmates who are covered by the parole scheme. In particular, I do not think that the additional resources that would be required, especially by regional social work departments to provide supervision for short periods of parole, could be justified. I am, however, concerned about the number of persons serving short terms of imprisonment for fines default. I am impressed by the results of the fines enforcement officer schemes in Airdrie and Edinburgh and now propose to extend the scheme on a more permanent basis to other sheriff courts in Scotland in order to assist those for whom the court regards a fine as the appropriate disposal to satisfy the sentence without being subjected to imprisonment.