The Parole Board (Scotland) Rules 1995

Interpretation

2.—(1) In these Rules, except where the context otherwise requires—

“the Act” means the Prisons (Scotland) Act 1989;

“the Board” means the Parole Board for Scotland and includes, in relation to any case which is authorised by rule 13(2) and 14(3) to be dealt with, in whole or in part, by a specified number of members of the Board, those members;

“case” shall be construed in accordance with paragraph (2) of this rule;

“the chairman of the Board” means the chairman of the Board appointed by virtue of section 18 of the Act;

“damaging information” shall be construed in accordance with Rule 6(1); and

“person concerned”, in relation to a case, means the person to whom the case relates.

(2) Any reference in these Rules to a case or to the case of a person which is to be, or is being, dealt with by the Board means any case relating to a person in which the Board is to consider, or is considering any of the following matters, namely:—

(a) whether to recommend the release on licence of that person under or by virtue of sections 22 or 26 of the Act(1);

(b) what advice to give to the Secretary of State when consulted by him under or by virtue of subsection (7) of section 22 of the Act about a proposal to include on release, insert, vary or cancel a condition in the licence granted to that person (but this shall not include any case where the Secretary of State is treated, by virtue of that subsection, as having consulted the Board about such a proposal);

(c) whether to recommend the revocation of that person’s licence and his recall to prison under section 28(1) of the Act; and

(d) whether to make a recommendation as to that person’s immediate release on licence under section 28(5) of the Act.

(3) Any reference in these Rules to a numbered rule or to the Schedule means, unless the context otherwise requires, a reference to the rule bearing that number in, or to the Schedule to, these Rules and any reference in a rule to a numbered paragraph means, unless the context otherwise requires, a reference to the paragraph bearing that number in that rule.

(1)

Sections 22 to 32 of the Act, notwithstanding their repeal by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), are “existing provisions” for the purposes of Schedule 6 of that Act.