The Parole Board Rules 2019

[F1 Setting aside final decisions E+W

28A.— (1) The Board may set aside a final decision made under rule 19(1)(a) or (b), 21(7) or 25(1)—

(a) on application by a party; or

(b) on initiation by the Board chair.

(2) An application or initiation under paragraph (1)(a) or (b) must be considered on the papers by a decision maker.

(3) A final decision may be set aside under paragraph (1) by a decision maker if—

(a) it is in the interests of justice to do so; and

(b) one or more of the conditions in paragraph (4) are satisfied.

(4) The conditions are—

(a) the decision maker is satisfied that a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner would not have been given or made but for an error of law or fact;

(b) the decision maker is satisfied that a direction given by the Board for the release of a prisoner would not have been given if—

(i) information that was not available to the Board when the direction was given had been so available, or

(ii) a change in circumstances relating to the prisoner that occurred after the direction was given, had occurred before it was given.

(5) An application or initiation to set aside a decision under paragraph (1)(a) or (b) must be made—

(a) within 21 days of the decision; or

(b) if the application or initiation relies on a condition in paragraph (4)(b), before the prisoner is released.

(6) Where an application is made under paragraph (1)(a)—

(a) the party who made the application must serve the application and any representations in support upon the Board and the other party;

(b) the Secretary of State must serve all relevant information and reports upon the Board and the other party; and

(c) the other party may make any representations in reply, and those representations must be provided to the Board and the party who made the application within 7 days of service of the application.

(7) Where an initiation is made under paragraph (1)(b)—

(a) the Board must notify both parties of the initiation by the Board chair and serve any reasons in support of the initiation upon the parties;

(b) the Secretary of State must serve all relevant information and reports upon the Board and the other party; and

(c) the parties may make any representations in reply, and those representations must be provided to the Board and the other party within 7 days of service of the initiation.

(8) Where the decision maker directs that a final decision should be set aside, they must also direct that the case should be—

(a) decided again on the papers by the previous panel or a new panel appointed under rule 5(1), or

(b) decided again at an oral hearing by the previous panel or a new panel appointed under rule 5(2).

(9) The decision of the decision maker under paragraph (3) must include the reasons for that decision.

(10) Any requirement on the Secretary of State to give effect to a Parole Board direction to release a prisoner under Chapter 2 of Part 2 of the 1997 Act or Chapter 6 of Part 12 of the 2003 Act, is suspended when an application is made under paragraph (1)(a) or (b), pending the decision under paragraph (3).

(11) In this rule, “decision maker” means—

(a) a panel appointed under rule 5(4A) to consider the application; unless

(b) one or more grounds of the application related to paragraph (4)(b) of this rule apply and the panel appointed under rule 5(4A) delegates the role of decision maker to the chair of the panel who made the decision which is sought to be set aside.]

Textual Amendments

F1 Rule 28A inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(20)