The Parole Board (Scotland) Amendment (No. 2) Rules 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

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

Rule 2(2) removes a reference to rule 15(3) from the definition of “the Board” in rule 2(1) of the principal rules. This is consequential on the removal of rule 15(3) by S.S.I. 2012/167.

Rule 2(3) substitutes a new rule 14 into the principal rules to provide that cases dealt with under Part III of the principal rules (other than those dealt with by an oral hearing under rule 15A) can be dealt with by 2 members. A case dealt with by an oral hearing under rule 15A will be dealt with 3 members except where rule 14(7) applies.

Rule 2(4) inserts a new rule 15H(3) into the principal rules. This provides that, where a case being dealt with by way of an oral hearing under 15A is being dealt with by 2 members, and the 2 members cannot reach a decision, the Board must appoint 3 other members in terms of rule 14(2)(a) for the purposes of hearing that case. This sets out what happens if an oral hearing case proceeds with an absent member (as defined in rule 14(7)).

Rule 2(5) inserts new a new rule 16 into the principal rules. New rule 16(2) provides that, in a case other than an oral hearing, where the 2 members cannot reach a unanimous decision, the chairman of the Board must appoint a third member of the Board for the purpose of dealing with the case.

Rule 3 revokes rules 7, 12(d) and 13 of the Parole Board (Amendment) Rules 2012 (S.S.I. 2012/167).