Killers could still be freed under Helen’s Law, parole board boss warns

Martin Jones, the chief executive of the Parole Board, made the warning ahead of Helen’s Law coming into force early next year.

Although prisoners will be questioned, and failure to co-operate may not work in their favour, the Parole Board must release them if it is decided they are no longer a risk to the public, according to Mr Jones.

He told the PA news agency: “This is a really difficult area.

“It’s described as ‘no body, no parole’ – that’s not what this legislation does, at all.

“It requires the Parole Board to take it into account before we make a decision, but it’s very clear that ultimately the Parole Board has to apply the public protection test in relation to whether that person remains a risk to the public.”

While he acknowledged these were “heart-breaking” cases for victims’ families, he said it does not assist them at all if “we mislead them in suggesting otherwise”.

He added: “It is vital that we explain that this is something we will take into account very carefully and will add weight to our decision-making.”

The Prisoners (Disclosure Of Information About Victims) Bill, named after insurance clerk Helen McCourt, who vanished on her way home from work in 1988, will also apply to paedophiles who refuse to identify those they abused.

Miss McCourt’s murderer, Ian Simms, was released from prison earlier this year despite never saying where he hid her body.

Her family spent five years calling for the legislation to help give grieving relatives closure before it finally gained Royal Assent in November after a series of political and constitutional setbacks.

When asked whether the law, if already in force, would have changed the Board’s decision to release Simms, Mr Jones said: “My own view is even if this legislation had been in place it would not have changed the Parole Board decision that we made.

“It would not have made a difference if this law had been brought in prior to us making a decision on the case.”

The latest comments could cast doubt on how effective the new rules will be in changing the current system.

Parole Board guidance already says offenders who withhold information may still pose a risk to the public and could therefore face longer in prison.

Courts can also hand down tougher sentences for murderers who deliberately conceal the location of a body.

The law sets out to toughen up existing guidelines, making it a legal requirement for the Parole Board to take into account a killer’s failure to disclose the location of their victim’s remains when considering them for release.

Miss McCourt’s mother, Marie McCourt, 77, from St Helens, Merseyside, told PA: “I wish the law could have gone further, definitely. It’s upsetting to hear the law may not have helped our case.

“Simms has a violent history. How can they say a man like that, who also won’t reveal information, is safe to be released?

“But they have to make sure Helen’s Law makes it harder and makes it far more difficult than it has been.”

Failure to co-operate and reveal such information is “frowned upon” by the Board and could see a prisoner having requests for parole denied in the first instance and therefore spending longer behind bars, Mr Jones said, adding: “How can you show reform in custody if you have not admitted your offence?

“How can you show remorse to the victim?

“Generally in my experience it is likely to extend your custody.

“What it cannot do is act as a complete block on your release.

“It will not assist your case and is likely to detract from your case if you don’t do the right thing, but it can’t be a bar from release.

“Ultimately if someone is no longer a risk, we must release them.”

Mr Jones, who has been the boss of the Parole Board since 2015 and is a former Ministry of Justice head of sentencing, also said that if killers lie about how they have disposed of a body that could add to a family’s distress.

A spokeswoman for the Ministry of Justice said: “Helen’s Law will mean that murderers and paedophiles who refuse to provide details about their victims could spend more time in prison.

“More families will also get the answers and closure they deserve.”