Criteria for refusing an oral hearing - Parole Board (Amendment) Rules 2009

Following on from the introduction of the Parole Board (Amendment) Rules 2009 the Parole Board has agreed the following policy for refusing oral hearings.
 
Decisions on oral hearings will be taken by the ICM member. The member will consider this in all cases, regardless of whether the prisoner has requested one. An oral hearing will normally be granted in two sets of circumstances:

1. Where the ICM member considers there is a realistic prospect of release or a move to open conditions; or
2. In any case where the assessment of risk requires live evidence from the prisoner and/or witnesses. This would include a case where a progressive move is not a realistic outcome, but where live evidence is needed to determine the risk factors. It is envisaged that this will be a rare step to take and would normally only be necessary where experts disagreed about a risk factor; for example, whether or not there was a sexual element to an offence that needed exploring. It is only intended to apply this principle where there is a dispute about whether an issue is a risk factor at all, not necessarily whether it has been addressed or not.

An oral hearing will not be granted where there is no realistic prospect of release or open conditions, but where such outcomes are requested by the prisoner, detailed reasons will be given for refusing, in particular where the prisoner is already in category C or D.
 
Decisions will normally be taken at the ICM stage. In a case where a negative decision has been issued, the prisoner has the right to apply for an oral hearing. These requests will be considered by the duty ICM member. The member who gave a negative decision will not consider the oral hearing request.

Recall hearings for lifers/IPPs will go forward to an oral hearing. The presumption is that an oral hearing will take place unless the prisoner waives his right to one.

Parole Board - August 2009

The Parole Board for England and Wales

Grenadier House, 99-105 Horseferry Road, London, SW1P 2DX

Telephone 0845 251 2220