The Parole Board. Working with others to protect the public.
Policy and guidance
14. (1)This Part of the Rules applies in any case where a decision pursuant to rule 11(2)(a) or 13(2)(a) has been made, or where a notice under rule 12(2) or 13(5) has been served, or in any case referred to the Board under section 32(4) of the 1997 Act or under section 39(4) or 44A(2) of the 1991 Act.
14.(2) In relation to any case to be given consideration by a three member oral panel by virtue of rule 13(5), rule 15(1) shall have effect as if the reference to 20 weeks was a reference to 23 weeks, and rule 15(2) shall have effect as if the reference to 21 weeks was a reference to 24 weeks.
14.(3)The prisoner shall, within 23 weeks of the case being listed, notify the Board and the Secretary of State whether he wishes to attend the hearing.
14. (4) Any reference in this Part of the Rules to a panel is to a three member oral panel.
15. (1) Where a party wishes to call witnesses at the hearing, he shall make a
written application to the Board, a copy of which he shall serve on the other party, within 20 weeks of the case being listed, giving the name, address and occupation of the witness he wishes to call and the substance of the evidence he proposes to adduce.
15.(2) Where the Board wishes to call witnesses at the hearing, the chair of the panel should notify the parties, within 21 weeks of the case being listed, giving the name, address and occupation of the witness it wishes to call and the substance of the evidence it proposes to adduce.
15.(3) The chair of the panel may grant or refuse an application under paragraph (1) and shall communicate his decision to both parties, giving reasons in writing for his decision in the case of a refusal.
15.(4) Where a witness is called under paragraphs (1) or (2), it shall be the duty of the person calling the witness to notify the witness at least 2 weeks before the hearing of the date of the hearing and the need to attend.
16. A party may apply, in accordance with the procedure set out in rule 15(1) and (3), to be accompanied at the hearing by such other persons, in addition to any representative he may have authorised, as he wishes to support him or to observe the proceedings; but before granting any such application the Board shall obtain the agreement of -
(a) the governor where the hearing is held in a prison,
(b) in any other case, the person who has the authority to agree.
17. (1) The hearing shall be held within 26 weeks of the case being listed, but when fixing the date of the hearing the Board shall consult the parties.
17. (2) The Board shall give the parties at least 3 weeks notice of the date, time and place scheduled for the hearing or such shorter notice to which the parties may agree.
18. (1) The hearing shall be held at the prison or other institution where the prisoner is detained, or such other place as the chair of the panel, with the agreement of the Secretary of State, may direct.
18. (2) The hearing shall be held in private.
18. (3) In addition to witnesses and observers previously approved pursuant to rules 15 and 16, the chair of the panel may admit to the hearing such other persons on such terms and conditions as he considers appropriate.
18.(4) The parties may not challenge at the hearing the attendance of any witness or observer whose attendance has previously been approved pursuant to rules 15 and 16.
19. (1) At the beginning of the hearing the chair of the panel shall explain the order of proceeding which the panel proposes to adopt, and shall invite each party present to state their view as to the suitability of the prisoner for release.
19. (2) The panel shall avoid formality in the proceedings and so far as possible shall make its own enquiries in order to satisfy itself of the level of risk of the prisoner; it shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings it.
19. (3) The parties shall be entitled to appear and be heard at the hearing and take such part in the proceedings as the panel thinks fit; and the parties may hear each others evidence, put questions to each other, call any witnesses who the Board has authorised to give evidence in accordance with rule 15, and put questions to any witness or other person appearing before the panel.
19.(4) The chair of the panel may require any person present at the hearing who is, in his opinion, behaving in a disruptive manner to leave and may permit him to return, if at all, only on such conditions as the chair may specify.
19. (5) The panel may adduce or receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law, but no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action.
19.(6) The chair of the panel may require the prisoner, any witness appearing for the prisoner, or any other person present, to leave the hearing where evidence is being examined which the chair of the panel, in accordance with rule 8(2)(d) (subject to any successful appeal under rule 8(2)), previously directed should be withheld from the prisoner as adversely affecting national security, the prevention of disorder or crime or the health or welfare of the prisoner or others.
19. (7) After all the evidence has been given, the prisoner shall be given a further opportunity to address the panel.
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