Infected Blood Compensation Body The Statutory Release Test
The Statutory Release Test is used by the Parole Board when assessing whether it is safe for a prisoner to be released into the community. This test was set out in the Criminal Justice Act 1991 for the release of those persons serving discretionary life sentences and was extended to all parole-eligible prisoners via the 2003 Act. It states:
	"The Parole Board must not give a direction [for release]… unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined"
	The Root and Branch Review set out the Government’s intention to amend this statutory release test to ensure that the focus is on the potential risk posed by an offender when the Board is considering them for release. The review explained that the Government believes it is properly the prerogative and responsibility of Parliament to set out the conditions that help define the level of risk which a prisoner must present in order to keep the public safe, and the Government’s responsibility to ensure that the conditions are met. The Act achieves this by clarifying that the purpose of the release test, which has been subject to varied interpretations in the past (see Legal Background), is to minimise any risk, as far as is reasonably possible, to the safety of the public. To achieve this, the Act sets out a clear list of criteria the Board must take into account when applying the test in order to remove ambiguity.