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Killers who refuse to reveal where they disposed of their victim’s body could still be released from jail despite new laws designed to deny them parole.
Martin Jones, executive director of the Parole Board, has issued the warning as “Helen’s Law” will go into effect early next year.
Jones has said convicts will be questioned about where they have hidden a body and a lack of cooperation will not work in their favor.
However, he added that they will still be released if it is decided that they are no longer a risk to the public.
Jones said: “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 consider it before making a decision, but it is very clear that ultimately the Parole Board has to apply the public protection test in relation to whether that person is still a risk to the public “.
Jones acknowledged that the missing body cases were “heartbreaking” for the victims’ families, but said it would not be helpful for the Parole Board to mislead them about Helen’s Law.
He added: “It is vital that we explain that this is something that we will consider very carefully and will add weight to our decision making.”
Helen’s Law, officially called the Prisoners (Victim Information Disclosure) Bill, is named after murder victim Helen McCourt.
The insurance employee disappeared when she was returning home from work in 1988.
Ian Simms, Miss McCourt’s killer, he was released from prison earlier this year despite never saying where he hid his body.
His family spent five years calling for the legislation to help close grieving relatives before finally gaining royal consent in November after a series of political and constitutional setbacks.
When asked if the law would have changed the Parole Board’s decision to release Simms, Mr. Jones said, “My own opinion is that even if this legislation had been in effect, it would not have changed the decision of the Parole Board. Board of Parole we take.
“It would not have made any difference if this law had been introduced before we made a decision on the case.”
The latest comments could cast doubt on the effectiveness of the new rules in changing the current system.
The Board of Parole’s guidance already says that criminals who withhold information can still pose a risk to the public and therefore could face more time in prison.
Courts can also pass harsher sentences for murderers who deliberately conceal the location of a body.
The law aims to toughen existing guidelines, so it is a legal requirement that the Parole Board take into account the fact that a murderer does not reveal the location of his victim’s remains when considering his release.
Marie McCourt, Helen McCourt’s mother, said: “I definitely wish the law had gone further. It is upsetting to hear that the law may not have helped our case.”
“Simms has a violent history. How can they say that a man like that, who also does not reveal information, is safe to be released?
“But they have to make sure Helen’s Law makes it more difficult and makes it much more difficult than it has been.”
Jones, who has been the head of the Parole Board since 2015, said killers could also add to a family’s distress by lying about how they disposed of a body.
Helen’s Law will also apply to pedophiles when it goes into effect in 2021.
A spokeswoman for the Justice Ministry said: “Helen’s Law will mean that murderers and pedophiles 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.”