1. These rules may be cited as the Parole Commissioners’ Rules 2009 and shall come into operation on 1 April 2009.
Commencement Information
I1Rule 1 in operation at 1.4.2009, see rule 1
2.—(1) Subject to rules 25, 26 and 31(1) these rules apply where a prisoner’s case is referred to the Commissioners by the Secretary of State under Articles 6 or 9(4) of the 2001 Order or Articles 18 [F1, 20A] or 28(4) of the 2008 Order.
(2) In these rules—
“the 2001 Order” means the Life Sentences (Northern Ireland) Order 2001(1);
“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;
“the 2001 Rules” means the Life Sentence Review Commissioners’ Rules 2001(2)
“case papers” means those documents, materials and papers submitted by the parties under rules 8, 10 and 25(b);
“chairman of the panel” means chairman of the panel nominated under rule 12(2);
“Chief Commissioner” means the Chief Commissioner appointed under paragraph 1(4) of Schedule 4 to the 2008 Order;
“Commissioners” means the Parole Commissioners, appointed under paragraph 1(1) of Schedule 4 to the 2008 Order ;
“deputy Chief Commissioner” means the deputy Chief Commissioner appointed under paragraph 1(5) of Schedule 4 to the 2008 Order;
“extended custodial prisoner” means a person serving one or more sentences as defined under Article 14 of the 2008 Order;
“hearing” includes consideration of a prisoner’s case by a single Commissioner;
“indeterminate custodial prisoner” means a person serving one or more sentences as defined under Article 13(4) of the 2008 Order;
“life prisoner” means a life prisoner as defined under Article 2 of the 2001 Order;
“panel” means a panel of Commissioners constituted in accordance with rule 12(2);
“parties” means the prisoner and the Secretary of State;
“party” means either the prisoner or the Secretary of State;
“prison” includes any place where the prisoner is detained, and in the case of rule 7(2) means any place where the person was detained;
“prisoner” includes an “extended custodial prisoner”, an “indeterminate custodial prisoner”, and a “life prisoner”;
“single Commissioner” shall be construed in accordance with rule 12(1);
“special advocate” means a person appointed under paragraph 4(3) of Schedule 4 to the 2008 Order to represent the interests of the prisoner.
Textual Amendments
F1Word in rule 2(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 76(2)
Commencement Information
I2Rule 2 in operation at 1.4.2009, see rule 1