The Parole Process Explained: Who Needs Parole and How the Parole Board Decides

By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 10 min read

The short answer: Most prisoners in England and Wales are released automatically and never see the Parole Board. The parole process applies mainly to people serving life sentences, IPP sentences, extended determinate sentences (EDS) and sentences for offenders of particular concern, plus some recalled prisoners. A single Parole Board member first reads the prisoner's dossier, then either refuses release, directs release on the papers, or sends the case to an oral hearing. A review usually takes about 6 months. The Board can only release if the risk of a further serious-harm offence is no more than minimal. Most release decisions can be challenged within 21 days.

Who needs parole in England and Wales?

Parole is a decision about whether someone can safely leave prison before the end of their sentence and be supervised in the community on licence. The government starts the process. The prisoner does not have to apply.

Most people on a standard fixed-term sentence are released automatically at a set point in their sentence. Since 1 October 2026 that point is moving to one third for most standard sentences under the Sentencing Act 2026. The Parole Board is not involved. Our guide to how long you will actually serve explains automatic release.

Sentences where the Parole Board decides release

The Board also decides whether some recalled prisoners can be re-released. Our guide to licence and recall covers how recall works.

When the process starts

GOV.UK says people serving life or indeterminate sentences of 4 years or more are contacted 3 years before their tariff ends. Those with shorter tariffs are contacted at least 6 months before. People on extended sentences are contacted up to 6 months before their earliest release date.

How the parole process works, step by step

Stage 1: Referral and the dossier

The Ministry of Justice's Public Protection Casework Section refers the case to the Parole Board. The prison then puts together a dossier. This is a bundle of documents about the offence, behaviour in custody, courses completed, risk assessments and the plan for release.

The prisoner gets a copy and can check it for mistakes. They, or their solicitor, can send in written representations explaining why they should be released or moved to an open prison.

What goes in a typical dossier

• The judge's sentencing remarks and details of the offence
• Previous convictions
• Reports from the prison offender manager and the community offender manager
• Psychology or psychiatric reports, where relevant
• Records of behaviour, work, education and courses in prison
• A risk management plan and the proposed release address

Stage 2: Member case assessment (paper review)

One Parole Board member reads the dossier. This is called a member case assessment (MCA). There are four possible outcomes:

1. Send the case to an oral hearing
2. A negative decision, meaning the prisoner stays in prison
3. Recommend a move to open conditions, in some cases
4. Direct release on the papers, for certain sentence types

If the decision is negative, the prisoner or their solicitor has 28 days to ask in writing for an oral hearing. If nobody asks, the decision becomes final.

Stage 3: The oral hearing

A panel of one, two or three members hears evidence from the prisoner and from professionals who know the case, such as the offender managers and psychologists. One member always chairs the hearing. A specialist member, such as a psychiatrist, may sit on some panels.

Some hearings take place by video link, with witnesses at the prison and the panel elsewhere. Hearings usually last a few hours.

What the panel looks at

• Whether behaviour has changed since the offence
• Whether the causes of the offending, such as drug or alcohol misuse, have been addressed
• The quality of the release plan: housing, support and work
• How open the prisoner has been with their offender manager
• Courses completed and the evidence from the original case

Stage 4: The decision

The panel issues a written decision within 14 days of the hearing. There are three main outcomes.

The legal test for release

Since 3 February 2025, the release test has been set out in law by the Victims and Prisoners Act 2024. The Board must not direct release unless it considers there is no more than a minimal risk that the prisoner would commit a further offence causing serious harm if released.

Release does not mean the person poses no risk. It means the Board thinks the remaining risk can be managed in the community on licence.

How long does the parole process take?

A review can take longer if reports are late or the panel asks for more information. A solicitor can chase missing reports.

Challenging a parole decision

Reconsideration

Most decisions about release, or about keeping someone in prison, are provisional for 21 calendar days. During that time either the prisoner or the Secretary of State for Justice can apply for reconsideration. Late applications are not accepted.

Grounds for reconsideration

• Procedural unfairness: the correct process was not followed, for example important evidence was not shared
• Irrationality: the decision makes no sense on the evidence
• Error of law: for example, the panel acted outside its powers

Disagreeing with the outcome is not enough. Reconsideration does not apply to recommendations about open conditions. If the application succeeds, the case is decided again on the papers or at a new hearing, and the result may be the same or different.

Set aside

After a release decision becomes final, the prisoner or the Secretary of State can ask for it to be set aside. This is only possible if important information existed but was not given to the panel, or if circumstances changed after the decision.

Judicial review

After the 21 days, a decision can only be challenged by judicial review in the High Court. Speak to a prison law solicitor about whether this is realistic.

The Secretary of State's role in top-tier cases

The Secretary of State refers cases to the Board and decides whether to accept recommendations for open conditions. Since 31 December 2025, there is also an extra step for "top-tier" cases.

Top-tier cases are prisoners serving a life sentence for murder, rape, serious terrorism offences or causing or allowing the death of a child. If the Board directs release in one of these cases, the Secretary of State can refer it to the High Court. This applies where release would be likely to undermine public confidence in parole and the Secretary of State thinks the release test may not be met. The prisoner is not released while this happens.

The High Court orders release if it is satisfied confinement is no longer needed to protect the public. Otherwise it quashes the Board's decision. Since 22 March 2026, section 43 of the Sentencing Act 2026 has applied the same approach where the Board directs unconditional release.

Public hearings and decision summaries

Parole hearings are normally private. Anyone can apply for a hearing to be held in public, but the bar is high. The Board will only agree if it is in the interests of justice. If a public hearing goes ahead, the public can watch through a live link at a venue.

Victims can request a written decision summary explaining how the panel reached its decision. Summaries are available for decisions made on or after 22 May 2018.

Victims and the parole process

The Victim Contact Scheme

Victims of a violent or sexual offence where the offender received 12 months or more in custody can join the Victim Contact Scheme. A victim liaison officer keeps them updated and can ask for licence conditions linked to them, such as no contact or an exclusion zone.

Victim personal statements

A victim can write a victim personal statement (VPS) describing the effect of the crime. The Parole Board's 2026 victims' leaflet asks for it 4 weeks before referral for a paper review, or 8 weeks before an oral hearing.

How a VPS can be presented

• Read aloud by the victim, by video or phone, before the main hearing starts
• Read by someone else on the victim's behalf
• Submitted as a recording
• Considered in writing only

The statement should not include comments about the prisoner's risk. The prisoner usually sees it. Victims can ask through their liaison officer to observe the hearing.

A victim cannot apply for reconsideration directly. They can ask the Secretary of State to apply within the 21-day window if they think the decision was unfair or irrational.

What prisoners should do to prepare

1. Get a prison law solicitor early. Legal aid can cover advice about Parole Board proceedings. See our guide to legal aid and solicitors.
2. Read the dossier carefully and tell your solicitor about anything wrong or missing.
3. Complete the courses and work in your sentence plan. The panel looks for evidence of change, not promises.
4. Build a realistic release plan with your offender manager: an approved address, support and work or training.
5. Prepare to answer questions honestly about the offence and what has changed.
6. Consider open conditions. A move to an open prison lets you show you can manage trust and temporary release before a release decision.

For families and friends

Families often play a real part in parole, mostly through the release plan.

• Support letters: give these to the prisoner's solicitor, not directly to the Board. Focus on practical support, such as housing, work or help with appointments.
• Attending as an observer: the request must come from the prisoner or their solicitor. Observers cannot speak.
• Attending as a witness: the solicitor can ask for you to give evidence about the support you will provide.
• Information: the Board can only share details of the case with you if the prisoner has given written permission.

If release is directed, our guide to preparing for release from prison explains licence conditions, housing and benefits.

Sources and how we checked this page

This page was written by Daniel Hockey and checked on 8 October 2026 against:

• GOV.UK: Parole Board, about us
• GOV.UK: Getting parole
• Parole Board: How we make our decisions
• Parole Board: Our work
• Parole Board: Apply for a parole decision to be reconsidered
• GOV.UK: Reconsideration of a Parole Board decision (victims)
• Parole Board: Guide to parole for victims of crime
• Parole Board: Victims and survivors of crime leaflet 2026
• Parole Board: Family and friends booklet
• Victims and Prisoners Act 2024, section 58: release test (legislation.gov.uk)
• Victims and Prisoners Act 2024, section 61: top-tier cases (legislation.gov.uk)
• Crime (Sentences) Act 1997, section 32ZAA (legislation.gov.uk)
• Victims and Prisoners Act 2024, explanatory notes on Part 4 (legislation.gov.uk)
• Sentencing Act 2026, section 43: High Court powers on referral (legislation.gov.uk)
• Criminal Justice Act 2003, section 246A: extended sentences (legislation.gov.uk)
• Criminal Justice Act 2003, section 244A: offenders of particular concern (legislation.gov.uk)
• Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026 (legislation.gov.uk)