The Parole Board (Amendment) Rules 2022

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Parole Board Rules 2019 (S.I. 2019/1038) by—

• amending rule 2 to update the definition of the Board chair to reflect the position is gender neutral, to remove the definition of direct application, to update the definition of extended sentence to include sentences imposed under the Sentencing Code and to add a definition of the new serious terrorism sentence;

• amending rule 4 to allow the Board chair to delegate a new function to staff so that they can direct the cases of recalled determinate sentence prisoners directly to an oral hearing;

• amending rule 5 as a consequence of the amendment made to rule 21 and to create a new type of panel for the consideration of setting aside final decisions under rule 28A;

• making provision in rules 6 and 7 for the Board to be able to hold case management conferences in addition to directions hearings, and make directions in respect of both;

• amending rule 12 to provide the Board chair may direct a different time frame for service of documents posted or despatched;

• amending rule 14 to bring together the provisions on observers and to provide that a victim or any other person may apply to the Board requesting admittance to an oral hearing;

• making provision in rule 15 for the Board to hold oral hearings in public where the Board chair considers that to be in the interests of justice;

• amending rule 17 to clarify the procedure relating to appeals of decisions regarding the withholding of information or reports; providing that the Secretary of State may withdraw any information the Board may otherwise direct be provided to a prisoner’s representative; and clarifying that any direction by the Board at a later date for disclosure of information that has been withheld under the rule is subject to a right of appeal and the right of the Secretary of State to withdraw the information;

• amending rules 19, 20, 21, 25, 28 and 31 with respect to the content and timing of decisions or advice issued by the Board;

• making provision in rule 21 for the Board to make a decision on the papers in place of an oral hearing if it considers an oral hearing is no longer necessary for reasons other than further evidence being received by the Board;

• making provision in rule 24 for the reasons the Board may exclude certain persons from an oral hearing or part of an oral hearing;

• amending rule 26 to provide for majority decision-making by any panel comprised of more than one member in circumstances other than only oral hearings;

• making provision in rule 27 for the disclosure of recommendations of the Board in a similar manner to disclosure of decisions and conferring greater discretion on the Board to permit or prohibit the disclosure, recording or publication of proceedings or information about proceedings;

• making provision in rule 28 for Board decisions to be reconsidered on the grounds the decision contains an error of law and for reconsideration to also apply to the new serious terrorism sentence imposed under the Sentencing Code and to decisions regarding the termination of IPP licences under rule 31.

• creating a new rule 28A to allow for the setting aside of final decisions where there has been an error of fact or law, or where new information has arisen or events have occurred that would have changed the decision has they occurred prior to the decision being made.

• amending rule 31 so that the consideration of whether an IPP prisoner’s licence should be terminated happens by automatic reference to the Board by the Secretary of State rather than the prisoner having to make a direct application to the Board.

• amending Part B of Schedule 1 to allow the Secretary of State to give a single view on suitability for release in certain cases.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.