The Parole Commissioners’ Rules (Northern Ireland) 2009

Directions of single Commissioner N.I.

14.—(1) Subject to paragraph (2), before a panel is appointed under rule 12(2), the single Commissioner may give, vary or revoke directions to ensure the efficient further conduct of the prisoner’s case, including directions in respect of matters such as:

(a) the provisional timetable for the case;

(b) subject to paragraph (8) the varying of the time within which or by which an act, required or authorised by these rules, is to be done;

(c) the service of documents;

(d) the submission and production of evidence;

(e) the appointment of a special advocate and the conduct of a special advocate under rule 19;

(f) the representation of the prisoner;

and following the single Commissioner’s appointment under rule 12(1) and consideration of the prisoner’s case under rule 13 the single Commissioner shall consider whether such directions need to be given.

(2) Directions under paragraph (1) may be given, varied or revoked either:

(a) of the single Commissioner’s own motion; or

(b) on the written application of a party to the Commissioners which has been served on the other party and on the Commissioner and which specifies the direction sought.

(3) Within 7 days of making a direction under paragraph (1) the single Commissioner shall serve on the parties such direction which shall be recorded in writing with reasons and dated and signed by the single Commissioner.

(4) Within 7 days of being notified of a direction given under paragraph (3) either party may appeal to the Chief Commissioner by serving written notice of appeal on both the Chief Commissioner and the other party stating the grounds of the appeal.

(5) Within 7 days of being served with a notice of appeal under paragraph (4) the other party may in reply make written representations on the appeal which shall be served on the Chief Commissioner and the party moving the appeal.

(6) The Chief Commissioner shall consider the written representations of the parties and after having done so shall allow or reject the appeal and make such further or other directions of the type mentioned in paragraph (1) as the Chief Commissioner sees fits.

(7) The direction of the Chief Commissioner made under paragraph (6) shall be final and shall be recorded in writing with reasons, dated and signed by the Chief Commissioner and served on the other parties not more than 7 days after the date of making the direction.

(8) The time specified in rule 13(5) shall not be varied save in exceptional circumstances.

Commencement Information

I1 Rule 14 in operation at 1.4.2009, see rule 1