PART 3E+WParole Board proceedings

Oral hearing procedureE+W

24.—(1) At the beginning of the oral hearing [F1the panel chair must explain the order of proceedings which the panel plans to adopt.]

(2) The panel—

(a)must avoid formality during the hearing;

(b)may ask any question to satisfy itself of the level of risk of the prisoner, and

(c)must conduct the hearing in a manner it considers most suitable to the clarification of the issues before it and to the just handling of the proceedings.

(3) The parties are entitled to—

(a)take such part in the proceedings as the panel thinks fit;

(b)hear each other’s witnesses and representations;

(c)put questions to each other;

(d)call a witness who has been given written notification in accordance with rule 13, and

(e)question any witness appearing before the panel.

[F2(4) The panel chair may exclude from any oral hearing (including a directions hearing or case management conference), or part of it—

(a)any person whose conduct the panel chair considers is disrupting or is likely to disrupt the oral hearing;

(b)any person whose presence the panel chair considers is likely to prevent another person from giving evidence or making submissions freely;

(c)any person during any part of the hearing where evidence which has been directed to be withheld from the prisoner or the prisoner and their representative under rule 17 is to be considered; or

(d)a witness until that witness gives evidence.]

(5) The panel chair may permit a person who was [F3excluded] under paragraph (4) to return on such conditions as the panel chair may specify.

(6) A panel may produce or receive in evidence any document or information whether or not it would be admissible in a court of law.

(7) No person is compelled to give any evidence or produce any document which they could not be compelled to give or produce on the trial of an action.

F4(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) After all the evidence has been given, if the prisoner is present at the hearing, the prisoner must be given an opportunity to address the panel.