The Parole Board. Working with others to protect the public.
Policy and guidance
3. (1) The Chairman shall appoint one member of the Board for the purpose of conducting proceedings in relation to a prisoner's case without a hearing pursuant to rule 11.
3. (2) Where consideration of a prisoners case is required pursuant to rule 13, the Chairman shall appoint three members of the Board to form a panel for the purpose of conducting proceedings without a hearing pursuant to that rule.
3. (3) Subject to paragraph (6) below, where a hearing is required in relation to a prisoner's case, the Chairman shall appoint three members of the Board to form a panel for the purpose of conducting proceedings with a hearing.
3.(4) In relation to any prisoners case, no member shall be appointed to more than one of the panels formed under paragraph (1), (2) or (3) above.
3.(5) Subject to paragraph (6) below, the Chairman shall appoint one member of each panel to act as chair of that panel.
3.(6) In relation to cases referred to the Board under section 28(6)(a), 28(7) or 32(4) of the 1997 Act, the members appointed pursuant to paragraph (3) above shall include a person who has a 5 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, and that person shall act as chairman of the panel.
4. The Board shall list the case and shall notify the parties of the date when the case was so listed within 5 working days thereafter.
5. (1) Subject to paragraph (2), a party may be represented by any person who he has authorised for that purpose.
5.(2) The following are ineligible to act as a representative -
(a) any person liable to be detained under the Mental Health Act 1983,
(b) any person serving a sentence of imprisonment,
(c) any person who is on licence having been released under Part III of the Criminal Justice Act 1967, under Part II of the 1991 Act, under Chapter 6 of Part 12 to the Criminal Justice Act 2003 or under Part II of the 1997 Act, or
(d) any person with a previous conviction for an imprisonable offence which remains unspent under the Rehabilitation of Offenders Act 1974.
5. (3) Within 5 weeks of the case being listed, a party shall notify the Board and the other party of the name, address and occupation of any person authorised in accordance with paragraph (1).
5.(4) Where a prisoner does not authorise a person to act as his representative, the Board may, with his agreement, appoint someone to act on his behalf.
6. (1) Within 8 weeks of the case being listed, the Secretary of State shall serve on the Board and, subject to paragraph (2), the prisoner or his representative -
(a) the information specified in Part A of Schedule 1 to these Rules,
(b) the reports specified in Part B of that Schedule, and
(c) such further information as the Secretary of State considers to be relevant to the case.
6. (2) Any part of the information or reports referred to in paragraph (1) which, in the opinion of the Secretary of State, should be withheld from the prisoner on the grounds that its dis closure would adversely affect national security, the prevention of disorder or crime or the health or welfare of the prisoner or others (such withholding being a necessary and proportionate measure in all the circumstances of the case), shall be recorded in a separate document and served only on the Board together with the reasons for believing that its disclosure would have that effect.
6.(3) Where a document is withheld from the prisoner in accordance with paragraph (2), it shall, unless the chair of the panel directs otherwise, nevertheless be served as soon as practicable on the prisoner's representative if he is
(a) a barrister or solicitor,
(b) a registered medical practitioner, or
(c) a person whom the chair of the panel directs is suitable by virtue of his experience or professional qualification;
provided that no information disclosed in accordance with this paragraph shall be disclosed either directly or indirectly to the prisoner or to any other person without the consent/authority of the chair of the panel.
7. (1) Within 12 weeks of the case being listed, the prisoner shall serve on the Board and the Secretary of State any representations about his case that he wishes to make.
7. (2) Any other documentary evidence that the prisoner wishes to adduce at a hearing of his case shall be served on the Board and the Secretary of State at least 14 days before the date of the hearing.
8. (1) Subject to paragraph (4), the chair of the panel may at any time give, vary or revoke such directions as he thinks proper to enable the parties to prepare for the consideration of the prisoners case or to assist the panel to determine the issues.
8. (2) Such directions may in particular relate to -
(a) the timetable for the proceedings,
(b) the varying of the time within which or by which an act is required by these Rules to be done,
(c) the service of documents,
(d) as regards any documents which have been received by the Board but which have been withheld from the prisoner in accordance with rule 6(2), whether withholding such documents is a necessary and proportionate measure in all the circumstances of the case, and
(e) the submission of evidence.
8. (3) Within 7 days of being notified of a direction under paragraph (2)(d), either party may appeal against it to the Chairman, who shall notify the other party of the appeal; the other party may make representations on the appeal to the Chairman whose decision shall be final.
8. (4) Directions under paragraph (1) may be given, varied or revoked either -
(a) of the chair of the panel's own motion, or
(b) on the written application of a party which has been served on the other party and which specifies the direction that is sought; but in either case, both parties shall be given an opportunity to make written representations or, where the chair of the panel thinks it necessary, and subject to paragraph (7)(b), to make oral submissions at a preliminary hearing fixed in accordance with paragraph (5).
8. (5) Where the chair of the panel decides to hold a preliminary hearing, he shall give the parties at least 14 days' notice of the date, time and place fixed for that hearing.
8. (6) A preliminary hearing shall be held in private and information about the proceedings and the names of any persons concerned in the proceedings shall not be made public.
8. (7) Except in so far as the chair of the panel otherwise directs, at a preliminary hearing -
(a) the chair of the panel shall sit alone, and
(b) the prisoner shall not attend unless he is unrepresented.
8. (8) The power to give directions may be exercised in the absence of the parties.
8. (9) Notice of any directions given, varied or revoked under this rule shall be served on the parties as soon as practicable thereafter.
9. (1) The panel may at any time adjourn proceedings to obtain further information or for such other purposes as it may think appropriate
9. (2) Before adjourning proceedings, the panel may give such directions as it thinks fit to ensure the proceedings can be resumed and the application considered as soon as possible.
9. (3) Before a three member oral panel resumes any hearing which was adjourned without a further hearing date being fixed, it shall give the parties not less than 3 weeks
notice, or such shorter notice to which all parties may agree, of the date, time and place of the resumed hearing.
10. (1) Where a panel has been constituted under rule 3(2) or (3), any decision of the majority of the members of the panel shall be the decision of the panel.
10. (2) For the avoidance of doubt, decisions made pursuant to rule 11(2)(b) or 13(2)(b) are provisional decisions as to the prisoners suitability for release, a final decision only being made pursuant to rule 12(3) or 13(6) or when the case is determined by a three member oral panel.
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Telephone 0845 251 2220