§ Ms CoffeyTo ask the Secretary of State for the Home Department (1) who will be responsible for informing the victims of violent crime of the proposed home leave of their attackers;
(2) how the views of victims on the temporary release of their attackers will be taken into account; and on what grounds victims will be able to object;
(3) what plans he has to inform the offender of a victims successful objection against his temporary release; and what protection will subsequently be given to victims.
§ Mr. Michael Forsyth[holding answers 22 November 1994]: Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.
Letter from Mr Derek Lewis to Ms Ann Coffey, dated 25 November 1994:
The Home Secretary has asked me to reply to your recent Questions about the consultation and notification of victims on application for temporary release and home leave.As part of the current risk assessment to be carried out before a prisoner can be granted temporary release and home leave, current Instructions to Governors, CI 43/1992 and IG 70/1994, copies of which are in the House of Commons Library require the concerns and position of known victims and the community to be fully assessed. The Governor may write to the victim or may seek the assistance of the local probation service or the police to ascertain their view, depending on the circumstances of the case. In addition, from the beginning of next month, victims of crime can contact the Prison Service Victim Helpline and register their concerns which will be passed immediately to the prison concerned.The views expressed by known victims will be taken fully into consideration by either the temporary release or home leave board set up to consider any initial application made by a prisoner. The recommendation of the Board is then submitted to the Governor who has responsibility for deciding the application.Where the victim is at the address to which the prisoner intends being temporarily released and does not wish the prisoner to return there, the wishes of the victim must be respected and the application must be refused. Where the victim lives nearby or in the neighbourhood, the Governor must take full account of the concerns expressed and consider the extent to which any fears could be reduced if the application is granted. This might include making it a condition to the temporary release licence that the prisoner avoid certain areas or individuals.Where the Governor decides to refuse an application for temporary release or home leave in the light of the concerns expressed by a victim, this is not disclosed to the prisoner.The outcome of any application for temporary release in which a victim made representations would normally be made known to the victim either directly by the prison or by the probation service or police, depending on the circumstances of the case.