The Life Sentence Review Commissioners' Rules 2001

Hearing procedure

10.—(1) At the beginning of the hearing the chairman of the panel shall explain the order of proceedings which the panel proposes to adopt.

(2) Subject to this rule, the panel shall conduct the hearing in such manner as they consider most suitable to the clarification of the issues before them and generally to the just handling of the case and they shall, so far as appears to them appropriate, seek to avoid formality in the proceedings.

(3) Subject to paragraphs (5), (7) and (8) the parties shall be entitled to appear and be heard at the hearing and take such part in the proceedings as the panel considers appropriate and the parties may:—

(a) make submissions;

(b) hear each other’s evidence and submissions;

(c) put questions to each other;

(d) call any witnesses who the Commissioners have authorised to give evidence in accordance with rule 19; and

(e) put questions to any witness appearing at the hearing.

(4) Subject to rule 18 the parties may not, without leave of the panel, make submissions or rely on or refer to documents, information or evidence which do not appear in substance in the case papers.

(5) The panel may require any person present at the hearing who is, in their opinion, behaving in a contemptuous or disruptive manner to leave and may permit him to return, if at all, only on such conditions as they may direct.

(6) The panel may receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law but no person shall be compelled to give evidence or produce any document which he could not be compelled to give or produce on the trial of an action in the High Court.

(7) The panel shall require the prisoner, any witness appearing for him and any other person they think appropriate, to leave the hearing where argument is being heard or evidence is being examined which includes or relates to information or reports withheld from the prisoner or others under rule 14(2).

(8) The panel shall require the prisoner, his representative, any witness appearing for him and any other person they think appropriate, to leave the hearing where argument is being heard or evidence is being examined which includes or relates to confidential information which has not been made available to the prisoner or any other person under rule 15.

(9) After all the evidence has been heard, the prisoner shall be given a further opportunity to address the panel.