The Parole Board Rules 2019

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules set out the procedure to be adopted by the Parole Board (“the Board”) when dealing with cases referred to it by the Secretary of State and when receiving direct applications from prisoners in relation to reconsideration and termination of Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP) licences.

Part 1 revokes the Parole Board Rules 2016 (S.I. 2016/1041) and the Parole Board (Amendment) Rules 2018 (S.I. 2018/541), and contains provisions for the application and interpretation of the Rules.

Part 2 covers the powers of the Board and provisions that apply generally across the whole parole process, including the appointment of panels, the power of members to make directions, the appointment of representatives, and the power to call witnesses and allow the admittance of observers.

Rule 4 gives the Board chair the power to delegate any of the Board chair’s functions in the Rules to any other member of the Board. The Board chair may also appoint any member of the Board to carry out any function. Members of staff can be empowered by the Board chair to appoint panels and make variations to directions where it is necessary to allow a third party to comply with a deadline only where it would not result in the adjournment or deferral of a listed hearing.

Rule 5 provides for the appointment of panels for paper hearings, oral hearings, the consideration of whether to return a case to a paper hearing following the receipt of further evidence, the consideration of applications for reconsideration and the consideration of applications for the termination of an offender’s licence. The rule also sets out the members that are to chair the various panels.

Rule 6 sets out the powers of members of the Board to make, vary and revoke directions in order to manage the cases before the Board.

Rule 7 sets out the procedure to be followed for a directions hearing.

Rule 8 provides for acts to be deemed to be completed if a time limit prescribed by the Rules expires on a Saturday, Sunday or public holiday.

Rule 9 gives a panel chair or duty member the power to amend any of the time limits set out in, or made under, the Rules.

Rule 10 sets out the procedure to be followed by the parties when appointing a representative. The rule also gives the panel chair or duty member the power to appoint a representative for the prisoner with the prisoner’s agreement, or where the prisoner does not have the capacity to appoint a representative on their own behalf and it is in the prisoner’s best interests to be represented.

Rule 11 prescribes the methods of service available to the parties.

Rule 12 provides for when service will be deemed to have taken place when carried out as dictated by rule 11.

Rule 13 sets out the procedure for parties making applications to the Board for witnesses to be called at an oral hearing. Rule 13(9) allows the panel chair or duty member to direct that a witness may attend remotely i.e. by electronic means.

Rule 14 sets out the procedure for parties to apply for observers to attend oral hearings.

Rule 15 sets out the methods by which an oral hearing can take place – in person, by video link, telephone conference or other electronic means. The rule governs that oral hearings, including directions hearings, must be held in private. Only the parties and witnesses and observers who have been allowed to attend under the Rules may be present at an oral hearing. The panel chair or duty member may allow for the attendance of an observer on the day of the hearing itself.

Part 3 sets out the procedure to be followed for the entire Parole Board process from the referral of the case and service of information, through consideration by a panel on the papers, to oral hearings.

Rule 16 provides that, on the date the Board receive the referral letter and the necessary information and reports under the Schedule from the Secretary of State, the case is deemed to have been referred. The necessary information and reports must also be served on the prisoner and the prisoner’s representative on the same day as service on the Board. Rule 16(3) sets out the information that must be served at the same time as referral.

Rule 17 sets out the procedure for withholding information from the prisoner or both the prisoner and the prisoner’s representative where its disclosure would have an adverse effect on national security, the prevention of disorder or crime, or the health or welfare of the prisoner or any other person. Only the Secretary of State and authorised third parties may apply to the Board for material to be withheld from the prisoner or the prisoner and their representative under this Rule. This rule provides that where a direction is made for the material to be withheld from an unrepresented prisoner, that decision will automatically be considered in an appeal without the necessity of the prisoner having to apply for an appeal.

Rule 18 provides the procedure for the parties making representations to the Board and for serving any additional evidence for an oral hearing.

Rule 19 gives the panel the power to make a decision on the papers in respect of the release of offenders (including prisoners serving indeterminate sentences). Under this rule, the Board can also direct that a case should be considered at an oral hearing. A decision that a prisoner is suitable for release under rule19(1)(a) is provisional if it is eligible for reconsideration under rule 28. If the decision is not eligible for reconsideration it is final. A decision that a prisoner is not suitable for release under rule 19(1)(b) is provisional to allow the prisoner to apply for the case to be determined at an oral hearing under rule 20.

Rule 20 allows, and sets out the procedure, for a prisoner who has been found on the papers to be unsuitable for release to apply for the case to be determined at an oral hearing. This rule provides that where a prisoner does not apply for the case to be determined at an oral hearing or an application is made but the panel chair or duty member decide that the case should not be determined at an oral hearing, the decision made under rule 19 remains provisional if it is eligible for reconsideration under rule 28, otherwise it is final.

Rule 21 provides that, where the panel have made a direction for a case to be considered at an oral hearing, a panel chair or duty member can direct that the case should be decided by a panel on the papers if further information has been supplied to the Board which makes an oral hearing unnecessary. A case cannot be directed back to be decided on the papers where there is less than three weeks until the date listed for oral hearing. Where a direction is made for a case to be decided on the papers under this rule, the decision that is made by the panel chair or by the panel appointed under rule 5(3) remains provisional if it is eligible for reconsideration. If it is not eligible for reconsideration, it is final.

Rules 22 to 24 set out the procedure for a case to be considered at an oral hearing.

Rule 25 provides for the panel to make a decision on release following an oral hearing. A decision made under rule 25 remains provisional if it is eligible for reconsideration, otherwise it is final.

Rule 26 sets out that a decision of an oral panel is the decision of the majority of the panel. Any panel that is unable to reach a decision must be dissolved by the Board chair and a new panel appointed.

Rule 27 provides that the Board must produce a summary of the reasons for certain decisions made under rules 19, 21, 25 and 31, for a victim or any other person who makes an application to receive one, unless there are exceptional circumstances for why a summary should not be produced for disclosure. Where a decision is made under rule 19(1)(b) that a prisoner is not suitable for release, a victim or other person will be able to apply for a summary of the reasons for that decision only if the case is not directed to be considered at an oral hearing (either because the prisoner did not apply for it to be considered at an oral hearing or the application was refused).

Any information about proceedings before the Board must not be disclosed except as directed by the Board chair. The names of other persons concerned in Board proceedings must never be disclosed. A contravention of the rules against disclosure are actionable as a breach of statutory duty.

Rule 28 sets out the power for the Board to consider applications from a party for a case to be reconsidered where a decision has been made by a panel on the papers or following an oral hearing. The power to reconsider a case applies to indeterminate sentences, all extended sentences and determinate sentences where initial release is not automatic and is instead decided by the Board. A party may apply for a case to be reconsidered on the grounds that the decision was irrational or procedurally unfair. An assessment panel will consider an application and decide whether that case meets the grounds for reconsideration or whether the application should be dismissed. If the panel directs that the case should be reconsidered, the panel must direct the case back to a panel to decide the case again on the papers or at an oral hearing.

Rule 29 provides for the procedure where an error of procedure is made by a party or the Board.

Rule 30 allows for the correction of any slip or omission in a decision.

Part 4 governs the procedure for considering applications made by offenders serving Imprisonment or Detention for Public Protection (“IPP/DPP”) sentences for their licence to be terminated under section 31A of the Crime (Sentences) Act 1997 (“the 1997 Act”). Section 31A of the 1997 Act allows for offenders serving IPP or DPP sentences who have been released on licence to apply to the Board for their licence to be terminated if a period of ten years has passed, beginning with the date of release. Section 31A of the 1997 Act sets out that the Board shall direct that the Secretary of State make an order that the licence is to cease to have effect if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force. If the Board is not satisfied of this, it must dismiss the application,

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk.