The Parole Board Rules 2016

PART 1 Introduction

Citation, commencement and revocation

1.—(1) These Rules may be cited as the Parole Board Rules 2016 and come into force on 22nd November 2016.

(2) The Parole Board Rules 2011(1) and the Parole Board (Amendment) Rules 2014(2) are revoked.

Interpretation

2.  In these Rules—

“barrister” means an individual who has been called to the Bar by an Inn of Court, and is not disbarred by order of an Inn of Court;

“Board” means the Parole Board(3);

“Board chair” means the chairman of the Board appointed under paragraph 2 of Schedule 19 to the Criminal Justice Act 2003;

“case” means a matter which relates to the release of a prisoner, or a request for advice from the Secretary of State;

“determinate sentence” means a sentence of imprisonment or detention other than an indeterminate sentence;

“duty member” means a member of the Board appointed under rule 5(5);

“indeterminate sentence” means a sentence listed under section 34(2) of the Crime (Sentences) Act 1997(4);

“IPP sentence” means a sentence of imprisonment or detention for public protection listed under section 34(2)(d) or (e) of the Crime (Sentences) Act 1997;

“oral panel” means a panel which is appointed under rule 5(2) to determine a case at a hearing;

“panel” means a panel appointed under rule 5(1) or (2);

“panel chair” means the member who chairs an oral panel under rule 5(3);

“party” means a prisoner or the Secretary of State;

“prison” includes a young offender institution or any other institution where a prisoner is or has been detained;

“prison director” means a person appointed under section 85(1)(a) of the Criminal Justice Act 1991(5);

“prisoner” means a person detained in a young offender institution or detained or imprisoned in any other institution, excluding a person on remand;

“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(6) in any part of the United Kingdom;

“single member” means a member of the Board who has been appointed to constitute a panel under rule 5(1);

“solicitor” means a solicitor of the Senior Courts;

“working day” means any day which is not a Saturday, Sunday or a public holiday.

Application

3.—(1) These Rules apply to all cases referred to the Board (including cases referred before the date on which these Rules come into force).

(2) Cases referred to the Board before the date on which these Rules come into force continue under these Rules.

(3) Any steps taken in cases referred to the Board before the date on which these Rules come into force are deemed to have been taken under these Rules.

(1)

S.I. 2011/2947, as amended by S.I. 2014/240.

(2)

S.I. 2014/240.

(3)

The Parole Board is continued in existence by section 239(1) of the Criminal Justice Act 2003 (c. 44).

(4)

1997 c. 43; section 34(2) was amended by section 165(1) of and paragraph 183 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), section 230 of, and paragraph 3 of Schedule 18 to, the Criminal Justice Act 2003 (c. 44), section 378 of, and Schedules 16 and 17 to, the Armed Forces Act 2006 (c. 52), and by section 117(1)(b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(5)

1991 c. 53.

(6)

1971 c. 80.