Case file on James Bulger killer goes to Parole Board for ruling

Venables, who killed James Bulger in 1993 with Robert Thompson, was recalled to custody last month for breaching the terms of his licence.

Reports have alleged he was found with child sex abuse images on his computer, but Ministers have confirmed only that he faces "serious allegations".

The Parole Board process, which began yesterday, is likely to take many months. It will not be concluded until the end of any criminal proceedings against Venables, which take precedence.

The spokesman said: "The Ministry of Justice has referred the case of Jon Venables to the Parole Board for us to review his continued detention as required by the Directions to the Parole Board under Section 32(6) of the Criminal Justice Act 1991.

"The Parole Board will now start the process of reviewing this case in the normal way.

"We are not able to set a timescale on the review, but will confirm when it has been concluded."

A three-member Parole Board panel of a judge, a member of the public and a psychologist or psychiatrist will be tasked with examining Venables's file.

They will look at his behaviour since he was released from prison in 2001, take evidence from the probation officers in charge of his case and also hear from members of the Bulger family.

The process will culminate in a hearing at which his case is scrutinised and a decision made on whether he no longer presents a risk to the public and can be let out.

The row came as the chairman of the Parole Board for England and Wales said prisoners who should be released are being kept in jail because of mistaken public concern over the risk of re-offending.

Sir David Latham said public reaction to the high-profile case of Venables heightened the danger of decisions being made on wrong assumptions of the risks ex-offenders posed.

He said: "Society needs to realise that we can't create a world which is free of risk. What society has to determine is what level of risk it is prepared to accept.

"I'm concerned that the society we're presently living in is becoming too risk averse. That means that society is perhaps unrealistic about the level of risk it should be prepared to accept."

He added there was a risk that a complex case like that of Venables could result in "bad laws" being put on the statute books.

Sir David went on to say that the releases of fewer prisoners over the last few years was an "over-reaction" when in fact re-offending rates had remained stable at between one and two per cent.

He also raised the prospect of his interview being "distorted" by the press but said an open debate was needed about the issue which was far more complex than just the rights and wrongs of whether Venables should have been released when he was.