Search Legislation

The Parole Board (Scotland) Amendment (No. 2) Rules 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Commencement, citation, application and interpretation

1.—(1) These Rules may be cited as the Parole Board (Scotland) Amendment (No.  2) Rules 2012 and come into force on 26th June 2012.

(2) These Rules apply to every case referred to the Board on or after the 26th June 2012.

(3) In paragraph (2), “the Board” has the same meaning as in rule 2(1) of the Parole Board (Scotland) Rules 2001(1).

Amendment of the Parole Board (Scotland) Rules 2001

2.—(1) The Parole Board (Scotland) Rules 2001 are amended as follows.

(2) In rule 2(1), in the definition of “the Board”, omit “,15(3)”.

(3) For rule 14, substitute—

Composition of the Board

14.(1) Subject to rule 16 and the following paragraphs, the powers of the Board may be exercised—

(a)in a case that is determined to be dealt with by way of an oral hearing under rule 15A, by any 3 members of the Board;

(b)in any other case, by any 2 members of the Board.

(2) Subject to rule 16, any case may be dealt with, in whole or in part—

(a)in a case which is determined to be dealt with by way of an oral hearing under rule 15A, by any 3 members; or

(b)in any other case, by any 2 members of the Board,

who are appointed by the chairman of the Board for the purposes of dealing with that case, in whole or in part.

(3) The powers of the Board under rule 6(1) to decide that any written information or document should not be sent or disclosed to a person shall be exercised by the chairman of the Board or such member as may be appointed by him for that purpose.

(4) No member of the Board who took part in making a recommendation under section 28(1) of the 1989 Act in relation to a person shall deal with that person’s case under section 28(4) of that Act.

(5) No member of the Board who took part in making a recommendation under section 17(1) of the 1993 Act in relation to a person shall deal with that person’s case under section 17(3) of that Act.

(6) If a case is determined to be dealt with by way of an oral hearing under rule 15A, the members of the Board appointed under paragraph (2) must include either—

(a)a person who holds or has held judicial office; or

(b)a solicitor or advocate of not less than 10 years standing,

and the chairman of the Board will appoint that person to be chairman of the hearing.

(7) In the event of the death or incapacity or unavailability (for whatever reason) of any member of the Board appointed under paragraph (2) (“the absent member”)—

(a)the chairman of the Board may, subject to paragraphs (4), (5) and (8), appoint another member of the Board in place of the absent member; or

(b)if the absent member is a member other than the chairman of a hearing, the case will be dealt with or, if a hearing under rule 15A has already commenced, will continue to be dealt with, by the two remaining members of the Board.

(8) Where paragraph (7) applies to a case being dealt with by 2 members of the Board, the chairman of the Board must appoint another member of the Board in place of the absent member..

(4) In rule 15H, after paragraph (2), insert—

(3) Where the Board is constituted by 2 members and the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint 3 other members in place of those 2 members in terms of rule 14(2)(a) for the purpose of hearing that case under rule 15A..

(5) For rule 16, substitute—

Decision

16.(1) The decision of the Board may be taken by a majority and the decision must record whether it was unanimous or taken by a majority.

(2) Subject to paragraph (4), where the Board is constituted by 2 members and the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint a third member for the purpose of dealing with the case.

(3) Where the Board is constituted by an even number of members that is greater than 2, the chairman of the Board or other presiding member has a second or casting vote.

(4) Paragraphs (4) and (5) of rule 14 apply to any member appointed by the chairman under paragraph (2) of this rule..

Revocation

3.  The following rules of the Parole Board (Scotland) Amendment Rules 2012(2) are revoked—

(a)rule 7;

(b)rule 12(d);

(c)rule 13.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th June 2012

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources