Sunday, December 19, 2010

The MoJ response to the PB

The Secretary of State has now considered the Parole Board recommendation, and agrees with this view for the reasons given by the Panel.

The PB noted that you have not completed any group offending behaviour work, to address your risks, but that an OASYS assessment puts your risk of re-conviction as low and your risk of causing serious harm as medium. They also acknowledged that you could be from time to time difficult to manage and challenging in your attitudes, but observed that these matters should not, of themselves, prevent your progression to open conditions, unless the behaviour impacted upon your risk of violent behaviour. Until recently your conduct was not to accept what you describe as "inferior and menial" work. The Board noted, however, that since a hearing in 2006 your attitude has changed markedly, you found work in the Education Department and are currently studying for a PhD in Criminology. You have also now indicated that you are prepared to co-operate if you were transferred to open conditions and that you were now willing to adhere to a condition that you should, on release, initially live at a probation hostel.

The Board reviewed your case with care and reconsidered the whole issue of risk. They were of the view that if you are transferred to open conditions it is overwhelmingly likely that you will continue to be a challenging and difficult inmate to manage. The Board also noted that you have been in prison for many years and your re-integration into the community, if it is ever to take place, must be handled slowly and carefully. Your management must be effective and transparent; you and those responsible for your supervision must work towards a way to co-exist with co¬operation, openness and honesty. Without it, no panel could be properly satisfied that the risk you pose is sufficiently reduced to direct release.

The responsibility for addressing your risk reduction rests with you. However the Secretary of State has identified from the information contained within your dossier and the Parole Board's recommendation, the following interventions in open conditions to help you address these factors.

• Undertake further relapse prevention and risk reduction consolidation work as may be recommended for you with commitment and motivation.
• Undertake ROTLs
• To be carefully monitored in all areas of risk to ensure that
you are equipped to deal with the requirements of everyday life
in the community.
• Build a constructive relationship with your Offender Manager
and with his/her help develop and test a robust release plan.
Bearing in mind the views of the Parole Board regarding your slow and careful re-integration into the community, your review period has been set at 18 months and takes account of the following:-
• 4 months transfer and settling period.
• Relapse prevention and consolidation work including testing.
• ROTLs after approximately 4-6 months.
• Development of a robust release plan.
• Time to develop an effective and transparent relationship with your supervising officers.
Your next parole review process will be undertaken in accordance with the Generic Parole Process, a new centrally monitored review process. Your review process is expected to take 26 weeks to complete, as it involves the preparation of reports and co¬ordination of various parties, including the Public Protection Casework Section, the Prison Service and the Parole Board. Your parole review will eminence in November 2011, and the month for your oral hearing by the Parole Board is May 2012.

Bearing in mind the views of the Parole Board regarding your slow and careful re-integration into the community, your review period has been set at 18 months and takes account of the following:-

4 months transfer and settling period.
• Relapse prevention and consolidation work including testing.
• ROTLs after approximately 4-6 months.
• Development of a robust release plan.

Time to develop an effective and transparent relationship with your supervising officers.

Your next parole review process will be undertaken in accordance with the Generic Parole Process, a new centrally monitored review process. Your review process is expected to take 26 weeks to complete, as it involves the preparation of reports and co¬ordination of various parties, including the Public Protection Casework Section, the Prison Service and the Parole Board. Your parole review will eminence in November 2011, and the month for your oral hearing by the Parole Board is May 2012.

17 comments:

  1. hmm. is this what's meant when it's said, the wheels of justice turn slow....?

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  2. So, in plain English: Are you going to Open or not and if so, when?

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  3. I know just how you might feel about all that stuff from the PB - say nothing Ben and do what is asked of you. Went through something similar myself and mostly it meant nothing as the resources did not allow any of the 'plan' to be put into effect. There are so many questions that arise from your letter - What are the chances of you 'relapsing' after more than 30 years? How was this assessed? How are you to build a 'constructive' relationship with an offender manager? My experiences showed that one person had 8 offender managers in less than 3 years? How constructive is that?

    I do not want to be critical of the PB, and others, just want to be positive. So please Ben - do what is asked of you with a good spirit and you will eventually get re-settled in the community. I am sure I speak on behalf of many others in wishing you well and knowing that you will make it - in spite of the authorities. I look forward to many more years of your blog and wish you the very best of the seasons wishes.

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  4. In plain English it says Ben has to co-operate and it gives a list of examples eg ROTL's and engaging with relapse reduction work etc. This is how the system works and all prisoners must do the same - or indeed the wheels will turn very slowly indeed. Ben must respond positively - I have previously stated that the Parole Board will not grant release on anyone's terms other than theirs. I've tried on behalf of another prisoner and it didn't work. Any person who wants to help Ben should think carefully about saying anything other than 'co-operate'. Public campaigns do not/have not got anyone released and in reality, how could it be any different? I really do wish Ben all the best and these comments are not meant in any way to be anything other than helpful.

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  5. I agree Jim, much as it may gall to concede, the reality of the situation is that Ben now has to show he can and will co-operate with the conditions of his release, as long as the process is open and transparent, and with the proper handling and understanding by his supervising officers, who, by the way supervises them? and their actions/attitudes towards what in the "system" has become know as a "difficult, and challenging" prisoner?
    I for one hope Ben is given a fair chance to prove his continued incarceration is a waste, not only of him as a human being, but also for the taxpayer who has paid much over the years to "prevent" him re-offending..Whatever happens, good luck Ben, we may not get you released, but we certainly wont just sit by, if you need support....ask for it

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  6. Is ROTL anything similar to ROFL? Seriously though, what is ROTL?

    This whole release programme does sound rather painful, but one of the good things is that they recognise the work you are doing for the PhD and it sounds like they are and will be supportive of it this time.

    Keep up the writing especially the criticizing aspects of it (which I sure hope you will do). All the best.

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  7. Everything Jim Brown says makes alot of sense. The only people ever released on parole, are those who have told the parole board exactly what they want to hear - wether it's the truth or not! Parole is a game that should be played very seriously because the consequences of losing are so great. The 'faceless suits' that will ultimately decide Bens fate don't care about his concrete principles - only that he does things their way. Ben should use his obvious writing skills to tell these people what they want to hear, afterall, doesn't the sucess of most things in life rely on - one mans ability to put his words in a better order than the next!? I'm not saying lie to the Parole Board, but to keep to himself the things that he knows they wouldn't agree with, because unlike Bens loved ones and supporters, these people don't care if he spends the rest of his life in jail.

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  8. ROTL = Release on Temporary Licence

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  9. So basically, Ben still has more 'work' to do between now and the next hearing in 2012, only then will he be transferred to open conditions.

    Another £45K + down the drain.

    This is a joke!

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  10. Anonymous above, No I think it means he will be transferred to open soon, then has to work until the date in 2012 when he will be considered for release. Seems a bit unfair on someone who has already served 25 years over his tariff I know. But having locked him up for so long they now worry about his "reintergration" Joke is right!!

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  11. Darby - I'd like to respond to your comments. Whatever the Parole Board might be, they are not stupid and fully appreciate that what a prisoner says or does not say is only one factor they take into account. They look at actions and behaviour. They obviously take into account other peoples views and assessments. The Panel are experienced people looking at similar cases all the time. They know what the issues are and my reading of their report, together with the MOJ response is that they are offering Ben a chance. He would be well advised to take it, co-operate, just be himself and avoid any temptation to play games.

    In an ideal world, we should never have done away with the 'independent' report several years ago to save money. This involved a Panel member with no knowledge of the case visiting the prisoner and preparing an Independent Report. A classic case of forgetting why such a feature was there in the first place.

    My final comment is about the relationship with the supervising PO. I detect there has been difficulty - not an uncommon issue in my experience, but it sounds like there is a hint of a change in officer. Whatever, this relationship is absolutely vital and they both have a duty and responsibilty to make it work. It takes 'two to Tango' though as the saying goes.

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  12. Jim - You sound like you know exactly what you are talking about. Good advice.

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  13. @Jim Brown: It is a game, but of course one thing is a very important part of the game: the parole board members themselves believe that they can predict the future behaviour of a person. So the important part of the game is not to tell them that this all is a game. In Germany there is even an instruction manual how to lie to therapists in the prison system http://www.libri.de/shop/action/productDetails/4470500/thomas_kurbjuhn_wie_kriminelle_ihre_therapeuten_austricksen.html

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  14. Excellent resource Werner, an English translation of it would not go amiss I am sure.

    Psychology in prisons seems to be the modern torture methods, rather than torturing the body as they used to do, they just go for prisoners' minds.

    There will probably be times when honesty would be a good thing, mainly to access emotional help, but knowing when and when not to be honest with them would be extremely difficult, you'd have to be extremely wise and after a period of time of being psychologically messed with I should imagine it would wear any one down and either make you totally oppositional or break you.

    This is the brutality of the prison system and it is terrible, Ben, our brothers and sisters, family and friends in jail do not deserve it.

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  15. Werner and Sophie J - I suppose I'd have to admit it's a game, but only to the extent life could be said to be a game. It doesn't get us very far, beyond possibly an endless discussion about the rules.

    Trying to fool psychology, or indeed any assessment process is extremely ill-advised and will only end up delaying the whole process as the system will not take kindly to it. There are very sophisticated tests for example in relation to personality disorders and fooling them is very difficult.

    I have always championed the cause of psychology during my career, but I have to admit it's quality varies a great deal and I have been concerned about the degree of skill some of the young trainees have in the prison service. However, I would expect difficult cases to be referred to the most experienced practitioners.

    It can be a scary process for anyone due to things that may be revealed about ourselves that prove uncomfortable. But that is exactly why it's important in the Parole process.

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  16. Derby and Jim, you both make good points, but make no mistake, most people who work in probation are terminally stupid. For a start they can't even write accurate notes.

    Break a leg Ben, you will get out one day.

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  17. The psychologic methods are a lie in itself. There is no proof they can predict the future behaviour of the prisoner, there is on contrary proof that these methods come to false results. After the end of the DDR many very dangerous prisoners had to be left out because of formal reasons, and less than 10% became criminals again.
    So the psychologists have to pretend they can predict behaviour by ordering the prisoners to do crazy things no normal human being would or even could do. You have to talk about your feelings, who of the normal persons does so? You have to show remorse, but in real life remorse is only a communication game to get social again after doing something bad. None besides of mentally ill persons earnestly feels remorse for anything, the mental ill people get depressed by feeling so and are sent to the psychiatric ward.
    So only a lier has a chance to get out of the psycho-prisons we have today all over the world. I personal am politically rather right-wing-oriented, so I am not a friend of letting all people out. And I am not so sure I would like seeing Ben outside of the prison. But I prefer a more honest society who would say someone has to stay all his life from the begin of a sentence. And here we see that the society itself is the reason for the lying psychologists and some lying prisoners. We all cannot decided between hate and mery towards the prisoner, so we install a system that in our illusions delivers both. But only in our illusions, because we have mercy with the perfect liers among the prisoners and hate prisoners, who are perhaps less dangerous but lack the perfect " communication skills. "

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