The Parole Board (Amendment) Rules 2024

Amendments to the 2019 Rules

2.—(1) The 2019 Rules are amended as follows.

(2) In rule 4(3) (delegation and appointment of functions)—

(a) omit sub-paragraph (b);

(b) in sub-paragraph (c), omit “in recall cases where the prisoner is serving a determinate sentence,”;

(c) after sub-paragraph (c), insert—

“(d) the variation or revocation of any direction made under rule 6;

(e) the making of directions specified in rule 6(3), subject to rule 6(4);

(f) the adjournment or deferral of proceedings under rule 6(11);

(g) the alteration of a time limit under rule 9;

(h) the production of a summary under rule 27(1).

(4) Where a staff member exercises a delegated function, either party may apply for an automatic re-exercise of that function by the panel chair or duty member within 14 days of the decision.

(5) An application under paragraph (4) may not be made in respect of functions delegated under sub-paragraph (3)(a) or (h).”.

(3) In rule 6 (case management and directions), in paragraphs (3)(e) and (8)(b), omit “directions hearing or”.

(4) In rule 7 (directions hearings and case management conferences)—

(a) in the heading, omit “Directions hearings and”;

(b) omit “directions hearings or” in each place it occurs.

(5) In rule 14 (observers)—

(a) in paragraph (1), for “12 weeks” substitute “8 weeks”;

(b) in paragraph (4B), for “3 weeks” substitute “8 weeks”.

(6) In rule 15(3) (public and private hearings and location), omit “directions hearing or”.

(7) In rule 19 (consideration on the papers), after paragraph (1), insert—

“(1A) In relation to a prisoner to whom paragraph (1)(a) and section 31A(4E) of the 1997 Act applies, the panel must also consider whether they must direct the Secretary of State to release the prisoner unconditionally in accordance with section 31A(4F) of that Act.”.

(8) In rule 20(2) (procedure after a provisional decision on the papers)—

(a) omit “receipt of”;

(b) after “under rule 19(8)”, insert “being sent”.

(9) In rule 21 (decision on the papers after a direction for an oral hearing), after paragraph (7), insert—

“(7A) In relation to prisoner to whom paragraph (7)(a) and section 31A(4E) of the 1997 Act applies, the panel must also consider whether they must direct the Secretary of State to release the prisoner unconditionally in accordance with section 31(A)(4F) of that Act.”.

(10) In rule 23 (notification by prisoner), omit paragraph (2).

(11) In rule 24 (oral hearing procedure)—

(a) after paragraph (1), insert—

“(1A) An oral hearing may take place in the absence of a prisoner, or the prisoner and the prisoner’s legal representative, where the panel chair considers it is in the interests of justice.”;

(b) in paragraph (4), omit “directions hearing or”.

(12) In rule 25 (decision by a panel at an oral hearing), after paragraph (1), insert—

“(1A) In relation to a prisoner to whom paragraph (1)(a) and section 31A(4E) of the 1997 Act applies, the panel must also consider whether they must direct the Secretary of State to release the prisoner unconditionally in accordance with section 31A(4F) of that Act.”.

(13) In rule 28 (reconsideration of decisions)—

(a) in paragraph (1), for “21(7), 25(1) or 31(6)(a) or (c) or (6A)” substitute “19(1A), 21(7), 21(7A), 25(1), 25(1A), 31(6) or 31(6A);

(b) in paragraph (3), substitute “provided” with “sent”.

(14) In rule 29 (error of procedure), in paragraph (b), after “considers appropriate” insert “, but such directions or steps must not include the reconsideration of provisional decisions or the setting aside of final decisions, procedures for which are governed by rules 28 and 28A.”.

(15) In rule 30(1) (slip rule)—

(a) omit “at any time”;

(b) after “in a decision” insert “at any time until the end of the period of twelve weeks, beginning with the day on which the decision becomes final”.

(16) In rule 31 (references to terminate IPP licences)—

(a) in paragraph (6)(b), at the beginning, insert “dismiss the reference, but”;

(b) in paragraph (6A), for “31A(4B)” substitute “31(4F)”;

(c) for paragraph (7)(b), substitute—

“be provided to the offender and the Secretary of State within 14 days.”.

(d) in paragraph (7A), after “under paragraphs (6),” omit “(a), (6)(c)”.