Introduction
Parole was established by the Parole of Prisoners Act of 2011 which states: “An Act to provide for the creation of a Parole Board charged with the duty of making decisions or recommendations regarding the release on [parole] licence and the release of terminally ill prisoners without conditions, to provide for post-release supervision of prisoners released on licence and for the revocation of licence, and to provide for related matters.” Therefore, the Act’s philosophical approach is to provide several benefits to the criminal justice system including, (1) the provision of adequate supervision of an offender while simultaneously protecting the public, (2) the opportunity for an offender to become a useful and productive member of society and (3) the early release of appropriate offenders from prison. Within the Parole of Prisoners Act these benefits are largely the obligation of the Parole Board which has the responsibility to parole, recommit for violations of parole, and to discharge from parole offenders sentenced to imprisonment for more than one year. The Board’s primary goal is to protect the safety of the public through effective parole decisions. A secondary goal is contemplated for the Department of Probation, which has the responsibility to provide proper supervision and management of offenders who are returning to their communities having served a portion of their sentence in Her Majesty’s prison. The Act also provides obligations to the Probation Department to safeguard the benefits of the criminal justice system. These obligations are frontally expressed at Section 9 of the Act. Ultimately, successful reentry of an offender can reduce the likelihood that offenders will reoffend and thereby the possibility of returning to prison.
What is parole?
Parole is the release of an offender from Her Majesty’s Prison prior to his or her sentence’s maximum date but, after the minimum sentence date, to continue serving the remainder of the sentence under the supervision by the Department of Probation. That is to say, parole is a conditional release which requires parolees to abide by conditions of a Parole Licence. As such, in Anguilla, parole is a privilege and not a right; and therefore it is not automatic or guaranteed. If an offender is sentenced to a prison term of more than one (1) year, by either Court (Supreme or Magistrate), after serving not less than one half of that sentence – as highlighted in the Parole of Prisoners Act [Section 11 (2)] – then that offender has the right to apply to the Parole Board for parole. Thereafter, the Parole Board makes the decision on whether to grant parole and to determine the conditions of parole. This decision is arrived at during a hearing having examined (a) prison officials with the responsibility for rehabilitation and the Superintendent of Prisons, (b) the Probation Officer responsible for investigating and preparing a Pre-Investigative Parole Report, (c) the offender, (d) the victim in the matter if he or she expresses an interest in attending the hearing and (e) any other document or personnel of interest to the proceedings. Also of note is that via special conditions the Governor may also grant pardons, and other early release for prison as indicated in the Act.
Who is eligible for parole; when can it be granted?
Offenders who have served their minimum sentence are eligible for parole consideration and must serve the minimum amount of time in prison before they can be considered for parole. Where parole is granted the parolee will remain on parole supervision until concluding their maximum sentence date. Most criminal justice research agree that it is better for society if offenders are reintegrated into the community on a gradual basis and under structured supervision rather than being released without supervision. As highlighted, parole is not guaranteed; therefore, at the minimum sentence date, the offender is eligible for parole consideration. The Parole Board through its legislative procedures conducts inquiries prior to this date in arriving at a decision. Although the parole process, including the hearing, is begun prior to the minimum sentence date, an offender cannot be released on parole prior to this date.
In considering the granting of parole to an offender the Parole Board must satisfy some factors as outlined in the Parole of Prisoners Act under Section 7. As such, during the course of deliberations at the Parole Board hearing the following factors must be examined: The offender’s application; a report of the nature and circumstance of the offence; details of the offender’s criminal history, if any; details of the personal and family background of the offender including information regarding nationality; Any written recommendation made by the offender concerned; physical, mental and behavioral condition and history of the offender while in prison; Risk assessment prepared by the Department of Probation; Documented official or community attitudes as regards to the release of the offender, if any; A report by the Superintendent of Prison and other officials of Her Majesty’s Prison. When this process is concluded, the decision arrived at is then communicated to the offender and other relevant authorities, including the Department of Probation.
Process after parole is granted?
In the event where an offender is released on Parole Licence, the Department of Probation becomes the agency responsible by law to manage this aspect of the parole process. Through a balance of supervision, enforcement and problem-solving case management, probation officers work with parolees to ensure that they are following the conditions of their parole licence and help parolees transition successfully into the community. Generally, this is done by assisting parolees with job training and employment, counselling or psycho-social assistance, and life skills development where parolees are much more likely to succeed, and less likely to commit another crime which tends to result in a safer community. However, in an event where a parolee is non-compliant with his or her parole licence to an extent where the Parole Board is notified then there is a breach of parole. In such an instance these breaches may be sanctioned by an additional constraint on the parolees’ freedom or recommitted to Her Majesty’s Prison. In a situation where a parolee is returned to prison there are some instances where consideration can be given by the Parole Board to allow the parolee to continue on Parole Licence. This is highlighted in Sections 15 of the Parole of Prisoners Act. Conversely, where a parolee’s Licence is revoked for the commission of a new offence then his or her Parole Licence will be automatically suspended as set out under Section 16 of the Act. It must be noted that where a parolee commits a very minor violation this can be managed by the Department of Probation where there is a mechanism in place for handling such issues. However, when a parolee has successfully completed parole this signifies that – in addition being supervised without the parole revoked – he or she has served the maximum sentence imposed by the court. When the maximum sentence date arrives the parolee is discharged from parole supervision and receives a congratulatory letter, and a Certificate of Discharge which is also submitted to the relevant authorities by the Department of Probation.
Conclusion
Anguilla’s system of parole was established by the Parole of Prisoners Act which gives authority to some institutions to manage its effectiveness. The primary institution responsible is the Parole Board which has the authority to grant and recall Parole Licences. The granting of parole includes conditionalities which guide the supervision of parolees in the community. As a result, another significant institution within the parole process is the Department of Probation which is tasked with the responsibility to manage the supervision of parolees. In an event where there is noncompliance of a Parole Licence, or the commission of a new offence by a parolee, the Parole Board is notified and mechanisms are set out in law to determine the course of action to be followed. Nevertheless, on successful competition of parole the parolee is given a congratulatory letter, and a Certificate of Discharge.
