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The Parole Board Rules 2019

Changes over time for: Section 31

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[F1References] to terminate IPP licencesE+W

This section has no associated Explanatory Memorandum

31.—[F2(1) Where the Secretary of State makes a reference for an offender’s licence to be terminated under section 31A of the 1997 Act, the Secretary of State must serve any reports or evidence at the same time as making the reference to the Board.]

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the Board receives [F5a reference], a panel appointed under rule 5(5) must consider the application in accordance with section 31A(4) of the 1997 Act.

(5) In considering the [F6reference], the panel may—

(a)make a decision on the papers, or

(b)direct that the [F7reference] should be decided by a panel at a hearing.

(6) Where a panel considers the [F8reference] on the papers or at a hearing, it must decide to—

(a)terminate the offender’s licence;

(b)amend the offender’s licence in accordance with section 31(3) of the 1997 Act, or

(c)[F9dismiss the reference].

[F10(6A) Where the reference has been made for an offender who is in prison having been recalled under section 32 of the 1997 Act, the panel must consider the reference in accordance with section 31A(4B) of that Act.]

[F11(7) The decision under paragraph (6) or (6A) must—

(a)include the reasons for that decision; and

(b)if a hearing was directed under rule 31(5)(b), be provided to the offender and the Secretary of State within 14 days of that hearing.]

[F12(7A) Any decision made by the panel under paragraphs (6)(a), (6)(c) or (6A) is provisional, and becomes final if no application for reconsideration under rule 28 is received within the period specified by that rule.]

Textual Amendments

Commencement Information

I1Rule 31 in force at 22.7.2019, see rule 1(1)

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