The Lords was not the only part of Parliament concerning itself with release of prisoners on compassionate grounds; among such cases are people who are terminally ill. This time specific mentions were made of Ronnie Biggs and al-Megrahi as the House of Commons cantered round the topic in a Westminster Hall debate (the place where they discuss things that are not politically important, so it doesn’t matter what they say). Below, I give some of the information retailed in the debate, which might be useful to social workers dealing with a particular case; there is more, particularly in the Minister of State’s reply towards the end of the debate.
The point of this discussion was to say that victims’ views should be taken into account, particularly where the release might put them in danger; where the Parole Board makes a recommendation, there are victim participation hearings. One factor was that there was someone to care for the person being released and the value of being able to spend time with their families, presumably for the families’ benefit.
Another concern was that recall should be available; the case of Ernest Saunders who made a miraculous recovery from Alzheimer’s as soon as he got out was mentioned. It;s a bit difficult to apply that in terminal illness cases, since if they don’t die when the 3 months is up, they are presumably going to be closer to it. So have they had their bit of compassion, and can be zipped back into prison then?
This led to discussion about whether prison was for retribution, rehabilitation and also with a little reconciliation with victims on the side. Some people thought that the decision should be political, some not. I’m always against politicians making these decisions, because they can be pressurised by the media, although clearly some of the politicians speaking thought these things were too important for ordinary mortals.
The relevant legislation is: The Scottish Justice Secretary has the power to make decisions on a compassionate basis because of section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (HC 20 Oct 2009 : Col 208WH). For Engliand:
The Minister of State, Maria Eagle, talked about the English system: It should be possible for that person to be released early to be with his family and to receive the appropriate care at home or in a hospital or hospice during his final days. In practice, that often relates to removing the handcuffs and taking away the guards from the hospital room in which the individual is going through the final part of his life. That is what that kind of release often means. The statutory authority itself is broad and simply provides that the Secretary of State may, at any time, release a prisoner on licence if he is satisfied that exceptional circumstances exist that justify the prisoner’s release on compassionate grounds. However, for prisoners serving a determinate sentence, the power is contained in the Criminal Justice Act 1991 or in the Criminal Justice Act 2003, depending on the dates of their offences and which of those Acts govern their release. For prisoners serving life or other indeterminate sentences, the power is provided by section 30 of the Crime (Sentences) Act 1997.(HC: 20 Oct 2009 : Column 219WH).
Prison Service Order 6000 outlines the circumstances in which, in cases where the prisoner is terminally ill, bedridden or severely incapacitated, early release on compassionate grounds may be appropriate. In instances of terminal illness, there are no specified time scales but the PSO suggests that release may be appropriate where life expectancy is three months or less. It specifically states:
“Early release may be considered where a prisoner is suffering from a terminal illness and death is likely to occur soon. There are no set time limits, but three months may be considered to be an appropriate period. It is therefore essential to try to obtain a clear medical opinion on the likely life expectancy.” (HC 20 Oct 2009 : Column 215WH)
“The Secretary of State will also need to be satisfied that the risk of re-offending is past and that there are adequate arrangements for the prisoner’s care and treatment outside prison. Early release may also be considered where the prisoner is bedridden or severely incapacitated. This might include those confined to wheelchairs, paralysed or severe stroke victims. Applications may also be considered if further imprisonment would endanger the prisoner’s life or reduce his or her life expectancy. Conditions which are self-induced, for example following a hunger strike, would not normally qualify a prisoner for release.”
Further detailed criteria are given in the appendix to the PSO. Reference is made to various factors, including the prisoner’s health, the benefits or hardships to him and his family, the risk of reoffending, the length of the sentence remaining and any remarks made by the trial judge.(HC 20 Oct 2009 : Column 216WH)
Some interesting figures were given: Maria Eagle, the English minister, said: Some 28 per cent. of applications for compassionate release are granted in England and Wales.
Pete Wishart gave some information on the Scottish position: The Act requires that there be solid evidence that a compassionate release should be made. The grounds for compassionate release are given in the Scottish Prison Service guidance about how such releases should be made. I am sure that the situation is very much the same for UK Ministers in this House and that they must consider all the available evidence when they come to make releases on compassionate grounds.
Consideration has to be given to the recommendations from the prison governor and the Parole Board, and all the medical evidence that is provided to support any compassionate release has to be considered. In terms of the guidance in the UK but particularly in Scotland, there are no fixed time limits, but life expectancy of about three months may be considered an appropriate period. The guidance makes it clear that all prisoners, irrespective of sentence length, are eligible to be considered for compassionate release.
In all the cases in which there has been compassionate release, but particularly in the case of the most important prisoner release decision that we have had, all the necessary criteria for consideration of release were met. It is also important to say that very few appeals for compassionate release are turned down. Most are fulfilled. According to the figures that are available, since 1999-2000 all the applications for compassionate release in Scotland have been met (all at HC 20 Oct 2009 : Col 208WH).
Another speaker wasn’t sure how right these figures were: John Robertson: According to my figures, in Scotland there have been 31 applications since 2000, from which 24 prisoners have been released on medical grounds, with seven requests denied—only one of those involved a murder. In England and Wales, 48 people have been granted permanent early release in the past five years, but there are no figures for the number of applications rejected, so I shall have to accept my hon. Friend’s 28 per cent. Of those 48 people, 14 were serving life sentences,… (HC: 20 Oct 2009 : Column 210WH)