Parole - Problems For Innocent

PRISON

AND

PROBATION SERIES

Parole: a problem for the innocent An article article from our ‘In ‘In my opinion’ series

Those in prison who are innocent, and especially those who are convicted of sex offences suffer a double whammy when it comes to applying for parole. For not only are they much less likely than bank robbers or drug dealers, to get parole, if they are innocent they face the old problem of ‘not addressing offending behaviour’. I know because I faced just such a dilemma. Is it worth applying for parole? Or is it just another opportunity for the ‘system’ to grind you down? My answer is that for me, it definitely was worth applying for parole – for I managed to get a result. I am innocent – have always proclaimed my innocence – and yet I was granted parole at the first time of asking –no substitute for clearing my name – but definitely better than spending two further pointless years in prison. Some I met in prison who were innocent decided not even to apply on principle. They felt that given their lack of guilt, to have to ask for parole was demeaning. I respect their view but it was not mine. I suppose it depends on what an individual feels he has to gain or lose. I and my family had suffered enough indignities, and another one could be endured – if it got the result we wanted. A second issue is whether or not to make the application personally, or to do it via a solicitor. I have known both to work and both to fail. I felt confident in my own ability to put my own case forward, so chose the former. But others don’t, in which case a solicitor is essential. . I also felt that the Board might appreciate more the authentic voice of the prisoner, rather than the professional voice of a lawyer. But I did have a lawyer standing by to challenge any refusal to grant parole – in the event I didn’t need him. However it is essential to choose a solicitor who specialises in parole applications – and who has a proven track record.

How to approach the application. I became aware that the last thing I needed to do was to lecture the Board on my innocence. The Board has no jurisdiction in that area and it is pointless to use an application to vent one’s frustration – it gets you nowhere. Nor, in my opinion, is there any point in being garrulous or aggressive. The Board is interested in risk. Is the applicant likely to offend (they say re-offend) during the parole period? My experience is that the Board do not just consider actuarial risk, but are prepared to look at individual issues. So my application addressed risk and in addition it concentrated on a realistic release plan – in detail.

Introduction I began my application by reciting my convictions – acknowledging their seriousness – and reminding the Board I was innocent. I then briefly referred to my conduct in prison and the ways I had spent my time (I did a degree with the OU) and the way I had tried to help others. I gambled that the Board might be impressed by a positive account of my time in prison. I also addressed the old chestnut of victim empathy. (some probation officers claim that because one has not addressed offending behaviour – one has no victim empathy – which is rubbish of course). I rehearsed the victims of abuse I had known personally and demonstrated my empathy with them.

Risk Some probation officers will say that because one has not completed the SOTP course, there is no basis for them to assess risk. I reject that assertion. The SOTP is in fact a poor predictor of future risk. There are many other matters which I would claim are relevant. I Page 1

firmly believe it is the applicant’s job to put these forward. These are different according to the each individual’s disposition, but those which I felt were relevant to me were as follows:

My age I am (almost) a senior citizen. I believe an older person is definitely less of a risk than a younger one, and the statistics support that view. I gambled that the Board might agree with me.

My convictions. The allegations made against me related to a 6 year period 30 years ago. I pointed out that even if I had been guilty, 30 years had passed without a shred of evidence that I had offended during the intervening period. In which case, was I likely to offend now?

Bail. I pointed out that I spent a period of a year pre-trial on bail, and totally complied with conditions. This I cited as evidence that I was likely to comply with future parole conditions and therefore minimise risk.

Documentary evidence. •

During the period I was on bail, social services conducted a child protection assessment concerning a child we had living at home. They concluded that no additional measures of protection were needed. I cited their report (and quoted from it) – claiming that it was a further indicator of low risk.

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Following my conviction my employer mounted an independent investigation as to whether any of my actions in my employment had placed children at risk. It concluded that they had not. (I was in the child care business). I cited that conclusion as further evidence of low risk.

Courses. I chose to do the ETS course and the booster ETS. There are those who are innocent who refuse to do these courses, and again, I respect their view. But I disagree with them. I enjoyed the courses and got a lot from them. They made no difference to the likelihood I would re-offend – because I had never offended in the first place – but I was able to use the very positive reports I obtained to demonstrate my positive attitude and my willingness to co-operate. Some of you may think that in doing the ETS, I sold out. Not so. My conviction, if not my guilt, was a reality, and my attitude was to use the system which was imposed on me to my advantage, whenever possible.

Common sense. I made the point that my period in prison had cost me so much, and that the last thing I would likely do was to squander any chance to enjoy my freedom again.

Release Plan I felt that I needed to be as precise as possible about my future plans. In my experience the Board is not impressed by vagueness. Fortunately I have a lot of things going for me, but my plan consisted of:

Accommodation I planned to return to live with my wife. There are no children at home, so this was possible. Some applicants need to go to a hostel. In my experience, it is of little use waiting till Probation finds a hostel. Be pro-active. Research the possibilities. Write to the hostels. Page 2

Finance I had a pension and had no intention of seeking state funding.

Work I pointed to the skills I had and the possibilities for my eventually finding a part-time job. I listed hobbies and pastimes.

Study I had already signed up to a further OU course which I would complete either in prison, or at home.

Probation reports I met internal and external probation officers once only. I was concerned that reports based on single short interviews would not do me justice, so I sent briefings to both beforehand. In the event, neither report was negative – both were neutral in regard to recommendation though the internal report was more positive in tone. One of the reports had many minor factual inaccuracies but I decided it would be churlish to seek their correction and let them go. Both reports arrived with me prior to my submission. Had one arrived late, I had determined to refuse to submit my application until I had seen it.

Prison reports I don’t know how important these are but I got 4 reports – employer – education – senior officer and personal officer. Interestingly I wrote briefing notes for the authors of all 4 of these reports – and would you believe it – they all repeated all I had wanted them to say.

Testimonials Many people in my case – family – friends – colleagues – wanted to write to the Board. I was unsure about what effect their submissions might have, but in the end I went along with them and one person organised them for me. About 60 people wrote in. Again, it was suggested that they focus not on my innocence, but on their knowledge of me and the issue of risk, as well as the support they would give me, if I were released.

Concluding comment Whilst in prison, I studied a number of parole applications made by others. Who knows what works? I saw some whom I thought were certain for parole, who got turned down for reasons which seemed bizarre in the extreme, and others whom I would not have trusted an inch, who got parole. It’s certainly not a science – more like a tricky piece of art – and of the Picasso, not the Rembrandt variety! It worked for me, and I hope these shared thoughts may be of some use to you. Best of luck – you’ll need it. Authors name with-held

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