PART 2General powers and provisions

Case management and directionsI16

1

A panel chair or duty member may be appointed in accordance with rule 4 to carry out case management functions and may at any time make, vary or revoke a direction.

2

The panel chair or duty member appointed under paragraph (1) may make any direction necessary in the interests of justice, to effectively manage the case or for such other purpose as the panel chair or duty member considers appropriate.

3

Such directions may in particular relate to—

a

the timetable for the proceedings;

b

the service of information or a report;

c

the submission of evidence;

d

the attendance of a witness or observer;

F1e

holding a directions hearing or case management conference.

4

A direction given under this rule may not relate to withholding information or reports; such directions are governed by rule 17.

5

A party or third party who is subject to a direction may apply in writing for a direction to be given, varied or revoked.

6

An application under paragraph (5) must—

a

specify any direction or variation sought and the reasons for the direction or variation, and

b

be served on the other party, and any third party (if applicable).

7

Where a third party makes an application under paragraph (5), the Board must serve the application on the parties under paragraph (6)(b).

8

Where a party, or third party, has applied for a direction to be given, varied or revoked under paragraph (5), either party or the third party (if applicable) may—

a

make written representations about the application;

b

where the panel chair or duty member thinks it necessary, make oral submissions at a directions hearing F2or case management conference held under rule 7.

9

The power to give, vary or revoke directions may be exercised in the absence of the parties.

10

The Board must serve on the parties, and third party (if applicable), any directions given, varied or revoked as soon as practicable.

11

The panel chair or duty member may adjourn or defer the proceedings to obtain further information or for such other purpose as they consider appropriate.

12

Where the panel chair who is conducting an oral hearing adjourns or defers proceedings under paragraph (11) without a further hearing date being fixed, they must give the parties at least 3 weeks’ notice of the date, time and place of the resumed hearing (unless the parties agree to shorter notice).

13

Any decision to adjourn or defer an oral hearing must be recorded in writing with reasons, and that record must be provided to the parties not more than 14 days after the date of that decision.

14

Where a prisoner’s case has previously been referred to the Board, in making any decision under this rule to adjourn or defer proceedings, the panel chair or duty member must take into account the date of the decision of that prisoner’s previous review.