In producing an assessment of the likelihood that a prisoner will reoffend and of the harm which would result from any reoffending, offender managers in HM Prison and Probation Service will use approved and accredited assessment tools, notably the Offender Assessment System (OASys).<\/p>
When assessing a prisoner\u2019s risk of harm and risk of reoffending, offender managers have regard to the prisoner\u2019s static and dynamic risk factors. A static risk factor is usually a feature of the prisoner\u2019s past \u2013 such as his/her previous offending, the nature of his/her upbringing or how well s/he did at school. A dynamic risk factor may vary or be susceptible to change \u2013 such as alcohol abuse, drug taking or negative peer pressure. In order to assess a prisoner as low risk of harm and low risk of reoffending, offender managers would need to be satisfied that, based on the available evidence, the risk indicators do not point to medium or high risk. When assessing a prisoner\u2019s suitability for open conditions, offender managers need also be satisfied that the prisoner presents a low risk of abscondment.<\/p>
In the case of determinate sentence prisoners, the Prison Governor takes the decision as to whether to transfer a prisoner to open conditions, having regard to a comprehensive assessment of current risk, including the risk of abscond or other breach of the trust afforded by open conditions<\/p>
In the case of indeterminate sentence offenders, other than where a prisoner has made demonstrably exceptional progress, the decision for a move to open conditions is taken by officials on behalf of the Secretary of State, following advice from the Parole Board. The Secretary of State does have discretion to reject a recommendation from the Parole Board, but because the Board undertakes a full and thorough risk assessment, the policy since 2008 has been to accept the Board\u2019s recommendation other than in exceptional circumstances.<\/p>
Consequently, officials will accept a Parole Board recommendation, except where the recommendation goes against the recommendations of the report writers without explaining why, or is based on inaccurate information. Officials will also reject a recommendation if they consider that the Secretary of State does not have a wholly persuasive case for transferring the prisoner to open conditions at the current time.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4517", "label" : {"_value" : "Biography information for Lucy Frazer"} } , "answeringMemberConstituency" : {"_value" : "South East Cambridgeshire"} , "answeringMemberPrinted" : {"_value" : "Lucy Frazer"} , "dateOfAnswer" : {"_value" : "2020-10-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : [{"_value" : "104737"} , {"_value" : "104738"} ], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2020-10-21T16:03:43.79Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2020-10-16", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Prisoners"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, what factors are considered when categorising an offender in prison as low risk.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"} } , "tablingMemberConstituency" : {"_value" : "Rotherham"} , "tablingMemberPrinted" : [{"_value" : "Sarah Champion"} ], "uin" : "104736"} , {"_about" : "http://data.parliament.uk/resources/1244251", "AnsweringBody" : [{"_value" : "Ministry of Justice"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1244251/answer", "answerText" : {"_value" : "
In producing an assessment of the likelihood that a prisoner will reoffend and of the harm which would result from any reoffending, offender managers in HM Prison and Probation Service will use approved and accredited assessment tools, notably the Offender Assessment System (OASys).<\/p>
When assessing a prisoner\u2019s risk of harm and risk of reoffending, offender managers have regard to the prisoner\u2019s static and dynamic risk factors. A static risk factor is usually a feature of the prisoner\u2019s past \u2013 such as his/her previous offending, the nature of his/her upbringing or how well s/he did at school. A dynamic risk factor may vary or be susceptible to change \u2013 such as alcohol abuse, drug taking or negative peer pressure. In order to assess a prisoner as low risk of harm and low risk of reoffending, offender managers would need to be satisfied that, based on the available evidence, the risk indicators do not point to medium or high risk. When assessing a prisoner\u2019s suitability for open conditions, offender managers need also be satisfied that the prisoner presents a low risk of abscondment.<\/p>
In the case of determinate sentence prisoners, the Prison Governor takes the decision as to whether to transfer a prisoner to open conditions, having regard to a comprehensive assessment of current risk, including the risk of abscond or other breach of the trust afforded by open conditions<\/p>
In the case of indeterminate sentence offenders, other than where a prisoner has made demonstrably exceptional progress, the decision for a move to open conditions is taken by officials on behalf of the Secretary of State, following advice from the Parole Board. The Secretary of State does have discretion to reject a recommendation from the Parole Board, but because the Board undertakes a full and thorough risk assessment, the policy since 2008 has been to accept the Board\u2019s recommendation other than in exceptional circumstances.<\/p>
Consequently, officials will accept a Parole Board recommendation, except where the recommendation goes against the recommendations of the report writers without explaining why, or is based on inaccurate information. Officials will also reject a recommendation if they consider that the Secretary of State does not have a wholly persuasive case for transferring the prisoner to open conditions at the current time.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4517", "label" : {"_value" : "Biography information for Lucy Frazer"} } , "answeringMemberConstituency" : {"_value" : "South East Cambridgeshire"} , "answeringMemberPrinted" : {"_value" : "Lucy Frazer"} , "dateOfAnswer" : {"_value" : "2020-10-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : [{"_value" : "104736"} , {"_value" : "104738"} ], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2020-10-21T16:03:43.837Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2020-10-16", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Prisoners"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, which agency determines whether an offender in prison is categorised as low risk.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"} } , "tablingMemberConstituency" : {"_value" : "Rotherham"} , "tablingMemberPrinted" : [{"_value" : "Sarah Champion"} ], "uin" : "104737"} , {"_about" : "http://data.parliament.uk/resources/1244254", "AnsweringBody" : [{"_value" : "Ministry of Justice"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1244254/answer", "answerText" : {"_value" : "
In producing an assessment of the likelihood that a prisoner will reoffend and of the harm which would result from any reoffending, offender managers in HM Prison and Probation Service will use approved and accredited assessment tools, notably the Offender Assessment System (OASys).<\/p>
When assessing a prisoner\u2019s risk of harm and risk of reoffending, offender managers have regard to the prisoner\u2019s static and dynamic risk factors. A static risk factor is usually a feature of the prisoner\u2019s past \u2013 such as his/her previous offending, the nature of his/her upbringing or how well s/he did at school. A dynamic risk factor may vary or be susceptible to change \u2013 such as alcohol abuse, drug taking or negative peer pressure. In order to assess a prisoner as low risk of harm and low risk of reoffending, offender managers would need to be satisfied that, based on the available evidence, the risk indicators do not point to medium or high risk. When assessing a prisoner\u2019s suitability for open conditions, offender managers need also be satisfied that the prisoner presents a low risk of abscondment.<\/p>
In the case of determinate sentence prisoners, the Prison Governor takes the decision as to whether to transfer a prisoner to open conditions, having regard to a comprehensive assessment of current risk, including the risk of abscond or other breach of the trust afforded by open conditions<\/p>
In the case of indeterminate sentence offenders, other than where a prisoner has made demonstrably exceptional progress, the decision for a move to open conditions is taken by officials on behalf of the Secretary of State, following advice from the Parole Board. The Secretary of State does have discretion to reject a recommendation from the Parole Board, but because the Board undertakes a full and thorough risk assessment, the policy since 2008 has been to accept the Board\u2019s recommendation other than in exceptional circumstances.<\/p>
Consequently, officials will accept a Parole Board recommendation, except where the recommendation goes against the recommendations of the report writers without explaining why, or is based on inaccurate information. Officials will also reject a recommendation if they consider that the Secretary of State does not have a wholly persuasive case for transferring the prisoner to open conditions at the current time.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4517", "label" : {"_value" : "Biography information for Lucy Frazer"} } , "answeringMemberConstituency" : {"_value" : "South East Cambridgeshire"} , "answeringMemberPrinted" : {"_value" : "Lucy Frazer"} , "dateOfAnswer" : {"_value" : "2020-10-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : [{"_value" : "104736"} , {"_value" : "104737"} ], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2020-10-21T16:03:43.887Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2020-10-16", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Open Prisons"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, whether he retains the right to overrule a determination that an offender be transferred to an open prison.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"} } , "tablingMemberConstituency" : {"_value" : "Rotherham"} , "tablingMemberPrinted" : [{"_value" : "Sarah Champion"} ], "uin" : "104738"} , {"_about" : "http://data.parliament.uk/resources/1242999", "AnsweringBody" : [{"_value" : "Department of Health and Social Care"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1242999/answer", "answerText" : {"_value" : "
We understand how important the grieving process and related formal and informal rituals through which we mourn the passing of loved ones are for the health and wellbeing of the bereaved<\/p>
For these reasons in all local COVID-19 alert levels, funerals can take place in COVID-secure venues or in public outdoor spaces with up to 30 people in attendance. Wakes or linked ceremonial events, such as scattering ashes, before or after the funeral are limited to 15 people and must not take place in private homes.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1481", "label" : {"_value" : "Biography information for Ms Nadine Dorries"}
}
, "answeringMemberConstituency" : {"_value" : "Mid Bedfordshire"}
, "answeringMemberPrinted" : {"_value" : "Ms Nadine Dorries"}
, "dateOfAnswer" : {"_value" : "2020-10-20", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2020-10-20T09:10:45.633Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "17"}
, "answeringDeptShortName" : {"_value" : "Health and Social Care"}
, "answeringDeptSortName" : {"_value" : "Health and Social Care"}
, "date" : {"_value" : "2020-10-13", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Cremation: Coronavirus"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Health and Social Care, what the limit is on attendance for the scattering of ashes in each of the three tiers of covid-19 restrictions.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"}
}
, "tablingMemberConstituency" : {"_value" : "Rotherham"}
, "tablingMemberPrinted" : [{"_value" : "Sarah Champion"}
], "uin" : "102818"}
, {"_about" : "http://data.parliament.uk/resources/1242471", "AnsweringBody" : [{"_value" : "Ministry of Justice"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1242471/answer", "answerText" : {"_value" : "
Under the Code of Practice for Victims of Crime (the Code), police Witness Care Units must inform victims if there is an appeal against the offender\u2019s sentence. Whilst sentencing is a matter for the courts, in determining an appeal against a sentence, the court will always take into account any Victim Personal Statement (which explains the impact the offence had on the victim) that was provided to the sentencing court.<\/p>
<\/p>
Also, under the Code victims of serious violent and sexual offences where the offender receives a custodial sentence of 12 months or more are eligible to join the Victim Contact Scheme. Victims who do so will be provided with information about key stages in the offender\u2019s sentence, including, for those cases where release falls to the Parole Board (the Board), the timing of the Parole review, and if the offender is released, or moved to open conditions.<\/p>
<\/p>
In eligible cases, where the Board directs an offender be released, <\/strong>victims may request that the Secretary of State (SoS) apply to the Board for reconsideration of release. Such a request must be made within 21-calendar days of the issuing of the Board\u2019s decision. The SoS will only apply to the Board where there is evidence that the decision taken was either irrational or procedurally unfair.<\/p> <\/p> Anybody who submits a request to the SoS will be provided with a full response from the Public Protection Casework Section (PPCS) of Her Majesty\u2019s Prison and Probation Service regardless of the outcome.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4481", "label" : {"_value" : "Biography information for Alex Chalk"}
}
, "answeringMemberConstituency" : {"_value" : "Cheltenham"}
, "answeringMemberPrinted" : {"_value" : "Alex Chalk"}
, "dateOfAnswer" : {"_value" : "2020-10-15", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2020-10-15T12:51:34.6Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "54"}
, "answeringDeptShortName" : {"_value" : "Justice"}
, "answeringDeptSortName" : {"_value" : "Justice"}
, "date" : {"_value" : "2020-10-12", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Sentencing"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Justice, how victims are notified that their offender's sentence is being reconsidered; and whether the victim has a right to consultation on that sentence.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"}
}
, "tablingMemberConstituency" : {"_value" : "Rotherham"}
, "tablingMemberPrinted" : [{"_value" : "Sarah Champion"}
], "uin" : "102087"}
, {"_about" : "http://data.parliament.uk/resources/1242548", "AnsweringBody" : [{"_value" : "Ministry of Justice"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1242548/answer", "answerText" : {"_value" : " The decision as to whether to transfer a prisoner to open conditions is a categorisation one for the Secretary of State, taken by officials under approved delegated authority on his behalf. Access to open prison conditions is not a right or an automatic progression but is based on a detailed assessment of risk.<\/p> <\/p> In the case of indeterminate sentence prisoners, the decision to approve a prisoner for transfer to open conditions is generally taken in response to a recommendation from the independent Parole Board. Before making such a recommendation, the Parole Board will undertake a full and thorough risk assessment. As part of the risk assessment, the Parole Board will consider a number of detailed reports prepared by qualified probation and prison staff, who will in their reports in turn take account of any other agencies involved in the case under the statutory Multi-Agency Public Protection Arrangements.<\/p> <\/p> As there is such a comprehensive assessment of the prisoner\u2019s risk, officials will accept a recommendation from the Parole Board, except where the recommendation goes against the recommendations of the report writers without explaining why or is based on inaccurate information. A recommendation may also be rejected if the Secretary of State considers that there is not a wholly persuasive case for transferring the prisoner to open conditions at the current time.<\/p> <\/p> In the case of determinate sentenced prisoners, only those prisoners who are assessed as low risk and are within three years of their earliest date of release may generally be considered for open conditions. Prisoners are assessed at the appropriate time by the prison in which they are located.<\/p> <\/p> Victims who have elected to receive the Probation Victim Contact Scheme are entitled to be told when a prisoner is being considered for open conditions and the outcome.<\/p> <\/p> This ensures that, once a prisoner is in an open prison, victims may make requests about licence conditions if the offender is considered for release on temporary licence.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4517", "label" : {"_value" : "Biography information for Lucy Frazer"}
}
, "answeringMemberConstituency" : {"_value" : "South East Cambridgeshire"}
, "answeringMemberPrinted" : {"_value" : "Lucy Frazer"}
, "dateOfAnswer" : {"_value" : "2020-10-15", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2020-10-15T12:54:00.887Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "54"}
, "answeringDeptShortName" : {"_value" : "Justice"}
, "answeringDeptSortName" : {"_value" : "Justice"}
, "date" : {"_value" : "2020-10-12", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Open Prisons"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Justice, which agency makes the decision to transfer an offender to an open prison; what consultation takes place with (a) other agencies and (b) victims prior to that decision; and what risk assessments are undertaken on the effect of that transfer.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"}
}
, "tablingMemberConstituency" : {"_value" : "Rotherham"}
, "tablingMemberPrinted" : [{"_value" : "Sarah Champion"}
], "uin" : "102088"}
, {"_about" : "http://data.parliament.uk/resources/1241823", "AnsweringBody" : [{"_value" : "Treasury"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1241823/answer", "answerText" : {"_value" : " The Government is fully committed to supporting charities through the Gift Aid regime. This relief is tied to the basic rate of tax paid by donors, currently at 20%, so can only be changed if the personal basic tax rate changes.<\/p> The Government recognises that the sector is experiencing significant pressures and has made available an unprecedented package of economic support, including a £750 million package specifically for charities.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4597", "label" : {"_value" : "Biography information for Kemi Badenoch"}
}
, "answeringMemberConstituency" : {"_value" : "Saffron Walden"}
, "answeringMemberPrinted" : {"_value" : "Kemi Badenoch"}
, "dateOfAnswer" : {"_value" : "2020-10-16", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2020-10-16T09:19:56.233Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "14"}
, "answeringDeptShortName" : {"_value" : "Treasury"}
, "answeringDeptSortName" : {"_value" : "Treasury"}
, "date" : {"_value" : "2020-10-08", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Gift Aid: Coronavirus"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Chancellor of the Exchequer, with reference to the findings of the Institute of Fundraising of a £10 billion charity funding gap created by coronavirus, published on 19 August 2020, if he will make an assessment of the potential merits of temporarily increasing the rate of Gift Aid for charities during the covid-19 outbreak.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4267", "label" : {"_value" : "Biography information for Sarah Champion"}
}
, "tablingMemberConstituency" : {"_value" : "Rotherham"}
, "tablingMemberPrinted" : [{"_value" : "Sarah Champion"}
], "uin" : "101025"}
, {"_about" : "http://data.parliament.uk/resources/1241824", "AnsweringBody" : [{"_value" : "Department for Environment, Food and Rural Affairs"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1241824/answer", "answerText" : {"_value" : " I refer the hon. Member to the reply previously given to the Rt Hon Member for Chipping Barnet on 11 June 2020, PQ UIN 55899.<\/p> <\/p>