The Parole Commissioners’ Rules (Northern Ireland) 2009

PART 1 INTRODUCTORY

Title and Commencement

1.  These rules may be cited as the Parole Commissioners’ Rules 2009 and shall come into operation on 1 April 2009.

Application and Interpretation

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 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.

(1)

S.I. 2001/2564 (N.I.2)

(2)

S.R. 2001 No. 317