PART 3Parole Board proceedings
Reconsideration of decisionsI128
1
Subject to paragraph (2), where a decision has been made under rule 19(1)(a) or (b), F521(7), 25(1) or 31(6)(a) or (c), or (6A), a party may apply to the Board for the case to be reconsidered on the grounds that F1the decision—
a
contains an error of law;
b
is irrational; or
c
is procedurally unfair.
2
Decisions are eligible for reconsideration only where the prisoner is serving—
a
an indeterminate sentence;
b
an extended sentence;
c
a determinate sentence subject to initial release by the Board under Chapter 6 of Part 12 of the 2003 Act;
F2d
a serious terrorism sentence.
3
4
Where a party makes an application under paragraph (3), the other party may make representations, and those representations must be provided to the Board and the party who made the application within 7 days of service of the application.
5
Where an application made under paragraph (3) is received by the Board, the application must be considered on the papers by an assessment panel.
6
After assessing the application under paragraph (5), the assessment panel must—
a
direct that the provisional decision should be reconsidered, or
b
dismiss the application.
7
The assessment panel may direct that the provisional decision should be reconsidered under paragraph (6)(a) only if it has identified a ground for reconsideration under paragraph (1).
8
Where the assessment panel dismiss the application under paragraph (6)(b), the provisional decision becomes final.
9
Where the assessment panel directs that the provisional decision should be reconsidered under paragraph (6)(a), the assessment panel must direct that the case should be—
a
reconsidered on the papers by the previous panel or a new panel appointed under rule 5(1), or
b
reconsidered at an oral hearing by the previous panel or a new panel appointed under rule 5(2).
10
The decision of the assessment panel must F4include the reasons for that decision or advice.