The Parole Board (Scotland) Amendment Rules 2011

Prospective

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules amend the Parole Board (Scotland) Rules 2001 (“the principal rules”).

Rule 3 inserts a definition of “chairman of a hearing” in rule 2(1) of the principal rules. A prisoner subject to an extended sentence by virtue of section 210A of the Criminal Procedure (Scotland) Act 1995 (c.46) will have his or her case considered under Part IV of the principal rules only where he or she is within the extension period (within the meaning of section 210A(2)(b) of that Act) of that extended sentence. Rule 3 also amends the meaning of “prisoner” in relation to a Part IV case, in rule 2(1)(c) of the principal rules.

Rule 4 inserts new paragraphs (6) and (7) into section 14 of the principal rules. Paragraph (6) requires the chairman of the Board to appoint one of the members appointed under rule 14(2) as the chairman of a hearing. Paragraph (7) provides that, in the event of the death, incapacity or unavailability of a member of the Board appointed under rule 14(2), the chairman of the Board may appoint another member of the Board in their place. If the absent member is a member other than the chairman of a hearing, and if the person concerned consents, his or her case may be dealt with by the remaining 2 members of the Board, and if an oral hearing under rule 15A has already commenced, the hearing may continue before the remaining 2 members.

Rule 5 inserts new rules 15A to 15H into the principal rules. The new rules make provision for the holding of an oral hearing in certain cases under Part III of the principal rules.

New rule 15A inserts provision into Part III of the principal rules for the holding of an oral hearing where the re-release of a recalled determinate sentence prisoner whose case has been referred to the Board under section 17(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (“the 1993 Act”) is being considered. An oral hearing may also be held where the release of a determinate sentence prisoner is to be considered in terms of section 1(3) of the 1993 Act, or where the release of an extended sentence prisoner, who has been recalled to custody under section 3A of the 1993 Act while serving the custodial term of that sentence, is to be considered. Such a hearing may take place either on the application of the person concerned or on the Board’s own motion. The Board must decide whether the holding of an oral hearing is in the interests of justice.

New rule 15B provides when notice of an oral hearing must be given.

New rule 15C provides that the person concerned may be represented at the hearing.

New rule 15D makes provision for the person concerned to call any person to attend a hearing or produce documents that relate to the matter in question at such a hearing.

New rule 15E provides that the Board may cite witnesses to attend oral hearings, or to produce further documents. This power is only available where the person concerned has challenged the factual accuracy of information contained in a document before the Board, and the Board considers that it cannot resolve the matter without hearing evidence from the person cited.

The Board must, when requiring the attendance of a person, or the production of documents, inform that person of the nature of the information that the Board wishes to hear evidence on, or the documents the Board wish to see. A person who is cited under rule 15E may make a written application to the Board to allow another person to give evidence in their place, or in addition to them.

New rule 15F sets out who may attend an oral hearing.

New rule 15G provides that the Board may conduct the hearing in such manner as is considers most suitable to the clarification of the issues before it, and that it must, where appropriate, seek to avoid formality in the proceedings.

New rule 15H sets out how the Board is to take a decision in a case heard by way of an oral hearing.