The Parole Board (Scotland) Rules 1993

PART II GENERAL

Application

3.—(1) Subject to paragraph (2) and except where otherwise expressly provided, this Part of these Rules shall apply to every case.

(2) In the application of this Part of the Rules to a case where the Board is to consider, or is considering, whether to recommend the revocation of a person’s licence and his recall to prison under section 17(1) of the Act–

(a) Rules 4 and 7 shall not apply;

(b) in Rule 5(1), the Secretary of State shall not be required–

(i) to include in the dossier which he sends to the Board all the information and documents specified in the Schedule to these Rules but only such as may be available to him at the time when he sends the dossier to the Board; or

(ii) to send the dossier to the person concerned; and

(c) for the purposes of Rule 8(e), the Board may take into account in dealing with the case of that person, any information or documents contained in that dossier even although the person concerned has not received a copy of, or been given any opportunity to make written representations upon the dossier.

Reference

4.  Where a case of a person is referred to the Board by the Secretary of State, whether under section 1(5) or 2(5) or (6) of the Act or otherwise, the Secretary of State shall, at the same time as referring the case, give written notification of that reference to that person.

Secretary of State’s dossier

5.—(1) Subject to paragraph (2) and Rule 6, not later than 2 weeks after the date of the reference of the case to the Board, the Secretary of State shall send to the Board and to the person concerned a dossier containing any information in writing or documents which he considers to be relevant to the case, including the information and documents specified in the Schedule to these Rules.

(2) In relation to a Part IV case–

(a) which is referred to the Board before 1st April 1994; and

(b) where the person concerned is a prisoner who is treated as a discretionary life prisoner under or by virtue of paragraph 6 of Schedule 6 to the Act,

paragraph (1) shall apply as if there were substituted for the reference to 2 weeks a reference to 12 weeks.

Non disclosure of information

6.—(1) This Rule applies where the Secretary of State considers that any written information or document contained in a dossier sent to the Board under Rule 5(1) or otherwise given to the Board should not be sent or disclosed to the person concerned because its disclosure would be likely to be damaging on one or more of the following grounds, namely:–

(a) that it would be likely adversely to affect the health, welfare or safety of that person or any other person;

(b) that it would be likely to result in the commission of an offence;

(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;

(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders;

(e) that it would be likely otherwise to damage the public interest,

and any such information or document is referred to in these Rules as “damaging information”.

(2) Where this Rule applies in any case–

(a) the Secretary of State shall not be required to send a copy of the damaging information to the person concerned, whether under Rule 5(1) or otherwise;

(b) the Board may take such damaging information into account under Rule 8(e) even although it has not been disclosed to the person concerned; and

(c) the Secretary of State shall send to the person concerned a written notice–

(i) informing him that certain information which has been sent to the Board has not been sent to him because the Secretary of State considers that the disclosure of that information would be likely to be damaging on one or more of the grounds mentioned in paragraph (1) above which is or are specified in the notice; and

(ii) giving that person, but only so far as is practicable without prejudicing the purposes for which that information is not disclosed, the substance or gist of the damaging information; and

(iii) informing him that the written representations which he may make under Rule 7 may include representations about the non disclosure of the damaging information,

and the Secretary of State shall send a copy of that written notice to the chairman of the Board.

(3) This Rule does not apply in a Part IV case.

Representations

7.  Not later than 4 weeks after the date when the Secretary of State sent to the person concerned the dossier under Rule 5(1), that person may send to the Board and, where he does so, shall send to the Secretary of State–

(a) any representations in writing with respect to his case; and

(b) any other information in writing or documents which he considers to be relevant to his case and wishes the Board to take into account.

Matters to be taken into account by the Board

8.  In dealing with a case of a person, the Board may take into account any matter which it considers to be relevant, including, but without prejudice to the foregoing generality, any of the following matters:–

(a) the nature and circumstances of any offence of which that person has been convicted or found guilty by a court;

(b) that person’s conduct since the date of his current sentence or sentences;

(c) the likelihood of that person committing any offence or causing harm to any other person if he were to be released on licence, remain on licence or be re-released on licence as the case may be;

(d) what that person intends to do if he were to be released on licence, remain on licence or be re-released on licence, as the case may be, and the likelihood of his fulfilling those intentions; and

(e) any written information or documents or written representations which the Secretary of State or the person concerned has sent to the Board under Rule 5 or 7 or which the Board has otherwise obtained.

Confidentiality

9.  Any information–

(a) in connection with the proceedings before the Board or, in a Part IV case, a tribunal in dealing with a case;

(b) about any application, document or written or oral information given to the Board or to the tribunal; or

(c) about the name of any person concerned in the proceedings,

shall not be disclosed, either directly or indirectly, to any person not involved in those proceedings or to the public, except–

(i) insofar as the chairman of the Board or, in a Part IV case, the chairman of the tribunal otherwise direct; or

(ii) in connection with any court proceedings.

Time

10.—(1) Where the time appointed by or under these Rules for doing any act expires on a Saturday, Sunday or public holiday, the act shall be done in time if done on the next day which is not a Saturday, Sunday or public holiday.

(2) Any time appointed by or under these Rules for the doing of any act may be varied–

(a) in relation to a Part IV case, by the chairman of the tribunal under Rule 17(2) or 19(2); and

(b) in relation to any other case, by the Board on an application made to it for that purpose.

Sending of documents etc

11.  Any application, document, or other written material which is required or authorised by these Rules to be made, served, given, sent or otherwise transmitted to any person may be sent by facsimile transmission, pre-paid post or delivered–

(a) in the case where the intended recipient of the application, document or other written material is the Board, tribunal or chairman of a tribunal, to the office of the Board; and

(b) in any other case, to the last known address of the intended recipient.

Irregularities

12.—(1) Any irregularity resulting from failure to comply with any provision of these Rules or of any direction under these Rules shall not of itself render the proceedings void.

(2) Where any such irregularity comes to the attention of the Board or, in a Part IV case, the tribunal, the Board or, as the case may be, the tribunal may, and shall, if it considers that any person may have been prejudiced by that irregularity, give such directions as it thinks fit before reaching its decision to cure or waive the irregularity.

(3) Clerical mistakes in any document recording a decision of the Board or, in a Part IV case, the tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by the chairman of the Board, or, as the case may be, the chairman of the tribunal, by certificate under his hand.