Draft legislation seeks to tighten parole rules for sex offenders

Adults convicted of serious sexual offences and jailed for more than a year will have to serve at least three quarters of their sentence, under new draft legislation published on Tuesday. 

The change is set out in a Bill to amend the Prison Act 2011 and will mean that convicted sex offenders aged over 18 will only become eligible for parole after serving three quarters of their sentence, as opposed to halfway through their jail term as is currently the norm. 

Even then, the Parole Board would have to be satisfied that the risk of reoffending once released on parole is “more than minimal”. 

“The Government is bringing forward this legislation because offences of this kind are among the most serious that are dealt with in Gibraltar,” said Nigel Feetham, the Minister for Justice, Trade and Industry. 

“They can involve the abuse of children, the exploitation of vulnerable victims and conduct which causes profound and lasting harm.” 

“In cases of that nature, the Government considers it right to require more time to be served in custody before parole can be considered, and to apply a stricter test before an offender can be released.” 

The offences covered by the proposed legislation range from rape, sexual assault and strangulation to sexual offences involving children, including possession of indecent photographs. 

The changes follow a wide-ranging consultation initiated last year after a string of convictions for sexual offences triggered public concern that sentencing for such criminality was often not tough enough. 

Judges in Gibraltar follow UK sentencing guidelines and judicial precedent when deciding how to deal with people convicted of serious offences. 

While sentences in Gibraltar tend to mirror the approach in the UK in most cases, judicial discretion and local precedent also mean they need not be strictly identical. 

The proposed legislation, once passed in Parliament, will not impact on the length of the sentences imposed by the courts, which remains a matter for the judiciary. 

But it will ensure that convicted offenders only become eligible for parole after serving most of their term. 

Mr Feetham said the legislation, once passed, would strengthen Gibraltar’s parole framework in relation to serious sexual offending. 

“The Bill will require offenders aged 18 or over at the time of the offence, convicted of specified sexual offences and sentenced to more than 12 months’ imprisonment, to serve at least three-quarters of their sentence before they can be considered for parole,” said Nigel Feetham, the Minister for Justice, Trade and Industry.  

“Under the current law, a prisoner serving a determinate sentence of more than 12 months but less than four years is automatically released at the halfway point on licence, while a prisoner serving a determinate sentence of four years or more becomes eligible for parole at the halfway point.” 

“The Bill changes that position for this defined category of offender.” 

“It further strengthens the basis on which release decisions are taken.” 

“It provides that the Parole Board may only advise release where it is satisfied that continued confinement is no longer necessary for the protection of the public, and where the risk of a further offence is no more than minimal.” 

Parliament has yet to debate and approve the legislation, which will only apply to persons convicted of an offence after its commencement. 

This Bill was developed following detailed consultation with relevant stakeholders across the legal and operational fields, including the judiciary, UK Ministry of Justice officials, the Director of Public Prosecutions, the Royal Gibraltar Police, HM Prison senior management and the Parole Board. 

“By publishing this legislation, the Government is taking a clear and responsible step to strengthen Gibraltar’s parole framework in relation to serious sexual offending,” Mr Feetham added.