The Parole Board Rules 2019

Decision on the papers after a direction for an oral hearingE+W

This section has no associated Explanatory Memorandum

21.—(1) Subject to the provisions of this rule, where F1... a panel have directed that a case should be determined at an oral hearing under rule 19(1)(c) or 20(5), a panel chair or duty member [F2may] direct that the case should be decided on the papers if an oral hearing is no longer necessary [F3—

(a)in the interests of justice;

(b)to effectively manage the case; or

(c)for such other reason as the panel chair or duty member considers appropriate, including where further evidence is received by the Board.]

[F4(2) The Board must notify the parties where it is considering making a direction in accordance with paragraph (1) and its reasons for doing so as soon as practicable.]

(3) Within 14 days of notification F5... under paragraph (2), the parties may make representations on—

[F6(za)the reasons provided by the Board for the proposed direction;]

(a)the contents of [F7any] further evidence, and

(b)whether they agree to the case being decided by a panel on the papers.

(4) After the 14-day period for the parties to make representations under paragraph (3), the panel chair or duty member will consider the [F8case, including any] further evidence and any representations made, and make a direction that the case should—

(a)be decided by a panel on the papers, or

(b)continue to be determined by a panel at an oral hearing under rule 25.

(5) Where a direction is made under paragraph (4)(a) for a decision to be made by a panel on the papers under paragraph (7), the panel may be constituted of the panel chair who made the direction or by a new panel appointed under rule 5(3).

F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where a direction is made that the case should be decided on the papers under paragraph (4)(a), the panel must decide either that—

(a)the prisoner is suitable for release, or

(b)the prisoner is not suitable for release.

(8) Any decision made under paragraph (7) is provisional if it is eligible for reconsideration under rule 28, and becomes final if no application for reconsideration is received within the period specified by that rule.

(9) Any decision made under paragraph (7) which is not eligible for reconsideration under rule 28 is final.

(10) Where a panel chair or duty member receives a request for advice from the Secretary of State concerning whether a prisoner should move to open conditions, the panel chair must recommend whether—

(a)the prisoner is suitable for a move to open conditions, or

(b)the prisoner is not suitable for a move to open conditions.

(11) Where the Board receive a request for advice with respect to any matter referred to it by the Secretary of State, any recommendation made in respect of that request is final.

(12) The decision under paragraph (7) and/or recommendation under paragraph (10) must [F10include the reasons for that decision and/or recommendation.]

Textual Amendments

Commencement Information

I1Rule 21 in force at 22.7.2019, see rule 1(1)