The Parole Commissioners’ Rules (Northern Ireland) 2009

SCHEDULE 1 Information and reports for submission by the Secretary of State on a reference to the Commissioners under Article 6 of the 2001 Order or Article 18 of the 2008 Order

PART A Information Relating to the Prisoner

• 1. The full name of the prisoner.

• 2. The date of birth of the prisoner.

• 3. The prison or place of detention in which the prisoner is detained and details of other prisons or places of detention in which the prisoner has been detained, including the date and reasons for any transfer.

• 4. The date the prisoner was sentenced and the details of the offence(s) in question, including information as to whether a certificate was issued by the Attorney-General to deschedule any offence(s) in question or as to whether the Director of Public Prosecutions for Northern Ireland did not issue a certificate for non-jury trial.

• 5. Where applicable, the previous convictions, sentences, licences, periods of temporary release from prison and the release and recall history of the prisoner.

• 6. The comments, if available, of the trial judge in passing sentence on the prisoner including any comments on licence conditions.

• 7. Where applicable, the conclusions of the Court of Appeal in respect of any appeal by the prisoner, the Attorney-General or the Director of Public Prosecutions for Northern Ireland against conviction or sentence.

• 8. Where applicable, particulars of and documents relating to any previous applications by the prisoner in respect of the case.

PART B Reports Relating to the Prisoner

• 1. Any pre-trial and pre-sentence reports examined by the sentencing court and any police report on the circumstances of the offence(s).

• 2. Any report on the prisoner while he was subject to a transfer direction under Article 53 of the Mental Health (Northern Ireland) Order 1986(1).

• 3. Any current reports on the prisoner’s performance and behaviour in prison, where relevant, (reports previously examined by the Commissioners need only be summarised), including any:

  • prison reports;

  • record of offences against discipline;

  • reports on any temporary release;

  • details of, and reports on compliance with, any sentence management plan;

  • reports on the prisoner’s health including mental health;

  • psychology reports;

  • assessment of the likelihood of re-offending and the risk of the prisoner being a danger to the public if released immediately; or

  • assessment of suitability for release on licence and licence conditions.

• 4. An up-to-date report prepared for the Commissioners by a probation officer, including any reports on the following:

  • details of the prisoner’s home address, family circumstances, and family attitudes towards the prisoner;

  • alternative options if the prisoner cannot return home;

  • the opportunity for employment on release;

  • the local community’s attitude towards the prisoner (if known);

  • the attitudes and concerns of the victim(s) of the offence(s) (if known);

  • the prisoner’s view of the index offence;

  • the prisoner’s response to previous periods of supervision;

  • the prisoner’s behaviour during any temporary release from prison during the current sentence;

  • the prisoner’s attitude to the prospect of release, and requirements and objectives of supervision;

  • an assessment of the likelihood of re-offending and the risk of serious harm;

  • a programme of supervision;

  • a view on suitability for release; and

  • recommendations regarding any special licence conditions.

• 5. Any interview report prepared at the direction of the Chief Commissioner under rule 3(4).

• 6. Any other information which the Secretary of State considers relevant to the case and wishes to draw to the attention of the Commissioners.

SCHEDULE 2 Information and reports for submission by the Secretary of State on a reference to the Commissioners under Article 9(4) of the 2001 Order or an indeterminate custodial prisoner’s or extended custodial prisoner’s case under Article 28(4) of the 2008 Order

PART A Information Relating to the Prisoner

• 1. The full name of the prisoner.

• 2. The date of birth of the prisoner.

• 3. The prison or place of detention in which the prisoner is detained and details of other prisons or places of detention in which the prisoner has been detained, including the date and reasons for any transfer.

• 4. The date the prisoner was sentenced and the details of the offence(s) in question, including information as to whether a certificate was issued by the Attorney-General to deschedule any offence(s) in question or as to whether the Director of Public Prosecutions for Northern Ireland did not issue a certificate for non-jury trial.

• 5. Where applicable, the previous convictions, sentences, licences, periods of temporary release from prison, release and recall history of the prisoner.

• 6. The details of, and reports on compliance with, any sentence management plan.

• 7. The detail of any previous recalls of the prisoner including the reasons for such recalls and subsequent re-release on licence.

• 8. The statement of reasons for the most recent recall which was given to the prisoner, and any representations made by him under Article 9(3) of the 2001 Order or Article 28(3)(b) of the 2008 Order.

• 9 The details of any memorandum which the Commissioners considered prior to making their recommendation for recall under Article 9(1) of the 2001 Order or Article 28(2)(a) of the 2008 Order or confirming the Secretary of State’s decision to recall under Article 9(2) of the 2001 Order or Article 28(2)(b) of the 2008 Order, including the reasons why the Secretary of State considered it expedient in the public interest to recall that prisoner before a recommendation from the Commissioners was practicable.

PART B Reports Relating to the Prisoner

• 1. Any reports considered by the Commissioners prior to making its recommendation for recall under Article 9(1) of the 2001 Order or Article 28(2)(a) of the 2008 Order or its confirmation of the Secretary of State’s decision to recall under Article 9(2) of the 2001 Order or Article 28(2)(b) of the 2008 Order.

• 2. Any other relevant reports.

(1)

S.I. 1986/595 (N.I. 4), as amended by S.I. 1998/1504 (N.I. 9) and prospectively amended by 2002 c.26