The Management and Review of Life-Sentence Prisoners in England and Wales
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The management of life-sentence prisoners in England and Wales presents some interesting challenges.
The handling and release of lifers are never far from the public gaze as the number of life-sentence
prisoners rises faster than the number of prisoners in generaL At the end of 1957, there were 122 lifers
- today, there are almost 3,000. In 1965, the year capital punishment was finally abolished, 78
individuals were given life sentences. By 1990, that figure had risen to 229. The lifer population has
almost doubled in the past 12 years, from 1,376 in June 1978 to 2,795 in 1990. It is often said that
there are more lifers in England and Wales than in the whole of the rest of Europe. In contrast with prisoners serving a determinate sentence, there is no obligation to release a lifer after a certain period of time in custody. However, legislation provides for the possibility of release, and the overall objective in the management of lifers is their safe release into society once they have served a sufficient period in custody to mark the seriousness of their offence. The real challenge that faces the Prison Service is the twin tasks of assisting lifers to prepare themselves for release and providing reports to assess their suitability for release. This article describes the evolving life-sentence strategy in England and Wales (different arrangements apply in Scotland and Northern Ireland). Legislative Framework
There are two types of life sentences: mandatory and discretionary. Conviction for
murder carries a mandatory life sentence. A life sentence is also the maximum penalty for some other
serious offences, for example, manslaughter, armed robbery, arson, rape and kidnapping. In these
cases, a life sentence is given at the discretion of the judge. Mandatory lifers currently account
for 80% of the total lifer population.
Figure 1 shows the lifer population and the number of admissions into establishments from 1980 to
1990. On 30 June 1990, the total lifer population was just less than 2,800; 2,700 were men. Each
year, about 250 people are sentenced to life imprisonment. After appeal, about 200 remain. About 60
lifers are released each year on life licence which outlines the release conditions applicable to
each lifer. Figure 1 ![]() Figure 2 breaks down the lifer population by principal offence. Of all lifers, 80% are serving mandatory life sentences for murder and just less than 10% for some other form of homicide. Another 5% are serving sentences for rape and the remaining 5% for such offences as robbery, arson and other violence against the person. Figure 2 ![]() It is difficult to give meaningful statistics about the average length of time lifers actually serve in institutions. This can only be calculated after lifers have been released, and any figure is distorted by excluding those who remain in custody. In 1980, the average length of time served by those convicted of murder who were released on life licence was 10.6 years; by 1990, this had increased to 12.4 years. Similarly, the average time served by other lifers who were released on life licence increased from 9.7 years in 1980 to 14.7 years in 1990. This confirms that lifers are spending more time in custody. The length of time lifers have served since admission has also increased over time (see Figure 3). In 1990, about 30% of the lifer population had been in custody for more than 10 years. Comparable figures for 1975, 1980 and 1985 are 10%, 16% and 21%. Figure 3 ![]() Life-Sentence Strategy The Framework
Before the Home Secretary may release a lifer, a positive recommendation must be received from an
independent Parole Board which considers the risks associated with release. The Home Secretary must
also consult the trial judge (if still alive) and the present Lord Chief Justice. These requirements
one considering release risk and the other considering sufficiency of punishment - provide the
framework governing the management of life-sentence prisoners.
Immediately after the trial, the judge writes to the Home Secretary through the Lord Chief Justice
(who adds his views) on the suggested minimum period the individual must spend in custody to reflect
on the seriousness of the crime. This figure is known as the "tariff". By fixing a tariff, however,
the Home Secretary is not obliged to consider only risk aspects when making a release decision after
the tariff expires.
The duration of the tariff sets the timetable by which Prison Service staff works with lifers in
confronting and tackling their offending behaviour and preparing for review by the Parole Board.
Since most lifers are adult males, this paper describes the arrangements for managing these lifers.
Women and children have slightly different schemes. Except for top-security category prisoners, every lifer is thoroughly assessed during an initial period in a Main Centre, each staffed by a team of specialists and prison officers who are trained in interviewing and assessing lifers. 2. Preparing a Life-Sentence Plan
The key challenge of work with lifers is the confronting and tackling of offending behaviour. We
believe this is the starting point for work on risk. At a very early stage in the sentence, the
specialists at the main centre prepare the groundwork for the life-sentence plan. This is based on a
thorough analysis of the lifer's behaviour in prison (using risk appraisal techniques developed and
tested at the Wakefield Main Centre) together with details of the offence, previous criminal record,
presentence reports prepared by the Probation Service and reports from a wide range of staff at the
main centre. During a sentence, the lifer is assessed by different groups of staff in different prisons. Subject to these assessments and the progress made in confronting and tackling offending behaviour, the lifer should move to conditions of progressively lower security where more opportunities for greater trust and responsibility exist. There are five broad categories of prison establishments: dispersals (top security), Category B (high security), Category C (medium security), Category D (open) and prerelease hostels (which are similar to halfway houses). 4. Integration with Other PrisonersWith one exception - a small establishment that takes only lifers, the majority of whom were convicted of domestic offences -lifers are dispersed within the general inmate population. Some small concessions are made (i.e., lifers are allocated single cells whenever possible), but otherwise lifers receive no particular privileges. For some privileges, such as home leave, the rules are more stringent for lifers. Similarly, escorted absences from prisons or other temporary absence arrangements are different for lifers than for determinate-sentence prisoners. Progression Through the Sentence First Allocation after Main Centre
After three years in the Main Centre, a lifer's life-sentence plan will have been prepared. The lifer
will know its contents, having participated in defining short-term objectives. At that time, full
reports are obtained on the lifer. These are the first in a series of interim reviews which take
place before the first formal Parole Board review (which, in turn, takes place three years before
expiry of the tariff). These interim reviews, held at least every three years, build a picture of the
prisoner's development and progress. Interim reviews are supplemented with annual reviews, when
progress toward short-term objectives is measured and new objectives are established.
Lifers are generally considered for transfer when the interim reviews are received (at least every
three years). Significant progress is required in confronting and tackling offending behaviour before
a lifer is considered for a Category C prison. These prisons range from specializing in lifers who
have difficulty settling into ordinary prisons (usually those convicted of sexual offences) to
offering a very open regime (albeit in closed conditions). Many lifers will go to two or more
Category C prisons during their sentence.
A move to Category D or open conditions (where there are no fences, and many of the inmates work on a
daily basis outside the prison on community projects or occasionally on educational courses) requires
a positive recommendation by the Parole Board together with personal approval by the Prisons
Minister. A move to an open establishment is a clear signal to the lifer that release is a realistic
prospect.
At least two formal reviews by the Parole Board are generally required before most lifers are
recommended for release. When a lifer is recommended for release from open conditions by the Parole
Board and this recommendation is accepted by the Home Secretary, a provisional release date is then
fixed. This generally allows for a further short period in open conditions, followed by a six- to
nine-month period in a prerelease hostel. The hostels, attached to ordinary prisons but outside the
prison walls, serve as a key transitional stage from custody to release on life licence.
Because the first formal Parole Board review generally takes place no earlier than three years prior
to expiry of the tariff, this can mean that many years are spent in category B and C establishments
even when there may be no need for that level of security. We are considering whether, in addition to
the formal Parole Board review, we should establish an informal Parole Board review geared
specifically to the possibility of moving to open conditions. The possibility of this type of move
within a reasonable period of time could also help lifers maintain momentum in dealing with their
risk factors.
Does the lifer management and review system work? Setting aside the punishment aspect of the life
sentence, our objective in the Prison Service is to help lifers be safely released into society. We
judge our success by the number of reconvictions for life licensees (lifers on release).
Reconvictions fall into two broad categories: grave offences (violent crimes) and standard offences
(all indictable offences including grave offences). |