The Parole Board Rules 2019

Withholding information or reports E+W

17.—(1) The Secretary of State and any third party authorised by the Secretary of State (“authorised third party”) may apply to the Board for information or any report (“the material”) to be withheld from the prisoner, or from both the prisoner and their representative, where the Secretary of State or the authorised third party considers—

(a) that its disclosure would adversely affect—

(i) national security;

(ii) the prevention of disorder or crime, or

(iii) the health or welfare of the prisoner or any other person, and

(b) that withholding the material is a necessary and proportionate measure in the circumstances of the case.

(2) An application under paragraph (1) may not be made later than 8 weeks before the date allocated for an oral hearing under rule 22.

(3) Where the Secretary of State or the authorised third party makes an application for the material to be withheld under paragraph (1), the Secretary of State or authorised third party must serve on the Board—

(a) the material, or a separate document containing the material, and

(b) a written application for non-disclosure, explaining why it is proposed to be withheld.

(4) On receipt of an application under paragraph (3)(b), either a panel chair or duty member appointed for that purpose, must consider the application and may make directions as necessary to enable determination of the application.

(5) Where the panel chair or duty member is satisfied that all relevant information has been served on the Board, they must consider the application and direct that the material should be—

(a) served on the prisoner and their representative (if applicable) in full;

(b) withheld from the prisoner or from both the prisoner and their representative, or

(c) disclosed to the prisoner, or to both the prisoner and the prisoner’s representative (if applicable) in the form of a summary or redacted version.

(6) If—

(a) a direction is given under paragraph (5)(a) and the Secretary of State or authorised third party intends to appeal against it in accordance with paragraph (11), or

(b) a direction is given under paragraph (5)(b) or (c),

the Secretary of State, or the Board (where an authorised third party made the application under paragraph (3)), must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) that an application has been made under paragraph (3)(b) and the direction that has been made under paragraph (5).

(7) If the panel chair or duty member appointed under paragraph (4) gives a direction under paragraph (5)(b) or (c) that relates only to the prisoner, and that prisoner has a representative, the Secretary of State or authorised third party must, subject to [F1 paragraph 11], serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the prisoner’s representative, [F2 provided that—

(a) the representative is—

(i) a barrister or solicitor;

(ii) a registered medical practitioner; or

(iii) a person whom the panel chair or duty member appointed under paragraph (4) directs is suitable by virtue of their experience or professional qualifications; and

(b) the representative has first given an undertaking to the Board that they will not disclose the material to the prisoner or to any other person, other than other representatives also responsible for that prisoner’s case.]

(8) The panel chair or duty member [F3 making the determination in regards to the non-disclosure application, or the panel chair or duty member at a later date,] may direct the appointment of a special advocate appointed by the Attorney General to represent the prisoner’s interests where the panel chair or duty member appointed under paragraph (4)—

(a) makes a direction under (5)(a) and the Secretary of State or the authorised third party appeals the direction under paragraph (11), or

(b) makes a direction under (5)(b) or (c) that relates to a prisoner and their representative, or the prisoner does not have a representative.

(9) If a direction to appoint a special advocate is made under paragraph (8), the Secretary of State or authorised third party must serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the special advocate.

F4 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Within 7 days of notification by the Secretary of State or Board in accordance with paragraph (6), either party or the authorised third party may appeal against that direction to the Board chair and notify the other party of the application to appeal.

(12) If the Secretary of State or authorised third party appeals the direction in accordance with paragraph (11), the Secretary of State or authorised third party need not serve the material under paragraphs (5) or (7) until the appeal is determined.

(13) Where a direction is made under paragraph (5)(b) or (c) to withhold material from a prisoner who does not have a representative, the decision will automatically be considered in an appeal to the Board chair.

(14) Within 7 days of being notified that a party has appealed under paragraph (11), the other party may make representations in respect of the appeal to the Board chair.

[F5 (14A) In determining an appeal under paragraph (11) or (13), the Board chair must consider the application and may make directions as necessary to enable determination of the application, including a direction under paragraph (8).

(14B) The Board chair may determine an appeal by—

(a) upholding the decision made by the panel chair or duty member under paragraph (5); or

(b) substituting their own decision, which may contain any direction that the panel chair or duty member could have made under paragraph (5).

(14C) When the Board chair has made a decision under paragraph (14B) the Secretary of State, or the Board (where an authorised third party made the application to appeal under paragraph (11)), must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) that a decision has been made and its outcome.

(14D) The panel chair or duty member may consent to the disclosure of any material withheld under this rule at a later date provided that the direction is subject to a separate right of appeal under paragraph (11).]

(15) If—

(a) a panel chair or duty member appointed under paragraph (4) to determine an application under paragraph (1), F6 ...

(b) the Board chair determining an appeal under paragraph (11) or (13), [F7 or]

[F8 (c) a panel chair or duty member consenting to disclosure under paragraph (14D),]

decides that any material which is subject to the application by the Secretary of State or authorised third party under paragraph (1) should be disclosed to the prisoner [F9 or the prisoner’s representative] (in full or in the form of a summary or redacted version), the Secretary of State or authorised third party may withdraw the material F10 ....

[F11 (16) If the Secretary of State does not withdraw any material in accordance with paragraph (15), they must serve on the prisoner or the prisoner’s representative or both (as directed by the Board chair)—

(a) the decision, subject to any redactions the Board considers necessary so as not to undermine the decision;

(b) any material directed to be disclosed, subject to receipt of an undertaking if so directed.]

Textual Amendments

F1 Words in rule 17(7) substituted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(a)(i)

F2 Words in rule 17(7) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(a)(ii)

F3 Words in rule 17(8) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(b)

F4 Rule 17(10) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(c)

F5 Rule 17(14A)-(14D) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(d)

F6 Word in rule 17(15)(a) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(i)

F7 Word in rule 17(15)(b) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(ii)

F8 Rule 17(15)(c) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(iii)

F9 Words in rule 17(15) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(iv)

F10 Words in rule 17(15) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(v)

F11 Rule 17(16) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(f)

Commencement Information

I1 Rule 17 in force at 22.7.2019, see rule 1(1)