F.A.C.T.

Falsely Accused Carers and Teachers

Fighting injustice – lobbying for change

Parole: a problem for the innocent

An 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
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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
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.

• 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.

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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.

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.
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Authors name with-held

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