The Parole Board Rules 2016

Consideration by single member appointed under rule 5(1)

14.—(1) Where a single member is appointed under rule 5(1) to consider the initial release of a prisoner serving an indeterminate sentence other than an IPP sentence, the single member must decide on the papers either that—

(a) the prisoner is unsuitable for release, or

(b) the case should be directed to an oral panel.

(2) Subject to paragraph (3), where a single member is appointed under rule 5(1) to consider the release following recall of a prisoner serving an indeterminate sentence other than an IPP sentence, the single member must direct the case to an oral panel.

(3) If the prisoner has notified the Board and the Secretary of State under rule 19(1)(a) that the prisoner does not want an oral panel to consider the case, the single member may decide on the papers that the prisoner is unsuitable for release, or direct the case to an oral panel.

(4) In any other case, including a case of a prisoner serving an IPP sentence, where the Board is considering the release of a prisoner, within 14 weeks of a case being referred to the Board, the single member appointed under rule 5(1) must decide that—

(a) the prisoner is suitable for release;

(b) the prisoner is unsuitable for release, or

(c) the case should be directed to an oral panel.

(5) When a single member appointed under rule 5(1) makes a decision that the case should be directed to an oral panel under this rule, that member may at the same time make any directions relating to the hearing that is to take place before an oral panel.

(6) Where the Board has a duty to advise the Secretary of State with respect to any matter referred to it by the Secretary of State, the Board may advise the Secretary of State without an oral hearing.

(7) The decision or advice of the single member must be recorded in writing with reasons for that decision, and the written record provided to the parties within a week of the date of the decision.