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The Parole Board Rules 2019
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Changes over time for: Section 28
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- 22/07/2019- Amendment
- 21/07/2022- Amendment
- 21/09/2022- Amendment
- 21/09/2022
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Reconsideration of decisionsE+W
This section has no associated Explanatory Memorandum
28.—(1) Subject to paragraph (2), where a decision has been made under rule 19(1)(a) or (b), [F121(7), 25(1) or 31(6)(a) or (c), or (6A)], a party may apply to the Board for the case to be reconsidered on the grounds that [F2the decision—
(a)contains an error of law;
(b)is irrational; or
(c)is procedurally unfair.]
(2) Decisions are eligible for reconsideration only where the prisoner is serving—
(a)an indeterminate sentence;
(b)an extended sentence;
(c)a determinate sentence subject to initial release by the Board under Chapter 6 of Part 12 of the 2003 Act;
[F3(d)a serious terrorism sentence.]
(3) An application for a provisional decision to be reconsidered under paragraph (1) must be made and served on the other party no later than 21 days after the [F4decision] under rules 19(8), [F521(12), 25(6) or 31(7)] is provided to the parties.
(4) Where a party makes an application under paragraph (3), the other party may make representations, and those representations must be provided to the Board and the party who made the application within 7 days of service of the application.
(5) Where an application made under paragraph (3) is received by the Board, the application must be considered on the papers by an assessment panel.
(6) After assessing the application under paragraph (5), the assessment panel must—
(a)direct that the provisional decision should be reconsidered, or
(b)dismiss the application.
(7) The assessment panel may direct that the provisional decision should be reconsidered under paragraph (6)(a) only if it has identified a ground for reconsideration under paragraph (1).
(8) Where the assessment panel dismiss the application under paragraph (6)(b), the provisional decision becomes final.
(9) Where the assessment panel directs that the provisional decision should be reconsidered under paragraph (6)(a), the assessment panel must direct that the case should be—
(a)reconsidered on the papers by the previous panel or a new panel appointed under rule 5(1), or
(b)reconsidered at an oral hearing by the previous panel or a new panel appointed under rule 5(2).
(10) The decision of the assessment panel must [F6include the reasons for that decision or advice.]
Textual Amendments
F1Words in rule 28(1) substituted (21.9.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(a)(i)
F2Words in rule 28(1) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(a)(ii)
F3Rule 28(2)(d) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(b)
F4Word in rule 28(3) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(c)(i)
F5Words in rule 28(3) substituted (21.9.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(c)(ii)
F6Words in rule 28(10) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(19)(d)
Commencement Information
I1Rule 28 in force at 22.7.2019, see rule 1(1)
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