The Parole Board (Scotland) Amendment Rules 2021

Amendment of the Parole Board (Scotland) Rules 2001

2.—(1) The Parole Board (Scotland) Rules 2001(1) are amended as follows.

(2) In rule 2 (interpretation), after the definition of “prisoner” insert—

““registered victim” means a person who has intimated under section 16(1) of the Criminal Justice (Scotland) Act 2003(2) that they wish to receive information about the release of an offender;”.

(3) In rule 8 (matters to be taken into account by the Board)—

(a) after paragraph (c), omit “and”,

(b) after paragraph (d), insert—

“and

(e) the effect on the safety or security of any other person, including in particular any victim or any family member of a victim, were he or she to be released on licence, remain on licence, or be re-released on licence as the case may be.”.

(4) In rule 9 (confidentiality)—

(a) after sub-paragraph (i) omit “or”,

(b) after sub-paragraph (ii) insert—

“or

(iii) where the information is included in a summary published under rule 28A.”.

(5) In rule 26 (attendance at hearing)—

(a) in paragraph (2)—

(i) after sub-paragraph (f), omit “or”,

(ii) at the end, insert—

“or

(i) any person who is authorised by the tribunal to attend the hearing under rule 26A, or a support person attending under that rule.”,

(b) in paragraph (4), after “any person”, insert “(other than a person to whom rule 26A applies)”.

(6) After rule 26 insert—

Observation of hearing by victim

26A.— (1) A registered victim in relation to a case may attend a hearing under this Part for the purpose of observing proceedings if authorised to do so under this rule.

(2) The registered victim must apply in writing to the Board to be authorised to attend the hearing.

(3) An application under this rule must be made either during the period intimated to the registered victim by the Board for the purpose of making the application or, if applicable, during such extended period as may be agreed by the Board.

(4) On receipt of an application under this rule the Board must inform the parties that the application has been made, and must provide an opportunity for the parties to make representations about the application.

(5) The chairman of the tribunal may grant or refuse an application under this rule and must send the applicant and the parties a written notice of the decision which includes a statement of the reasons for the decision.

(6) A person authorised to attend a hearing under this rule may be accompanied at the hearing by one other person (or such greater number as the chairman of the tribunal may agree) for the purpose of support, and must provide the tribunal with the name and contact details of the support person or persons not later than 5 working days before the date of the hearing.

(7) Attendance at a hearing under this rule is to be by live link, unless the tribunal considers that another means of attendance is required and in the interests of justice.

(8) The tribunal may at any time exclude a person authorised under this rule, or a support person mentioned in paragraph (6), from any part of the hearing.

(9) In this rule, “live link” means any arrangement as the Board may direct by which a person authorised under this rule is able to see and hear, or hear, the proceedings while not present at the place where the case is being heard.”.

(7) After rule 28 (decision) insert—

Publication of decision summary

28A.— (1) Where the tribunal’s decision under rule 28 is a decision to direct that a prisoner is released, the tribunal must publish, in such manner as it may determine, a summary of the reasons for that decision.

(2) Where the tribunal makes a decision under rule 28 to which paragraph (1) does not apply, the tribunal may publish, in such manner as it may determine, a summary of the reasons for that decision.

(3) A summary published under this rule must not include information which identifies, or could be used to identify, any person concerned in the proceedings.

(4) In publishing a summary under this rule, the tribunal may withhold information about the reasons for the decision if it considers that publication of the information would be contrary to the public interest or the interests of justice.

(5) Before publishing a summary under this rule, the Board must send a copy of the summary to any registered victim in relation to the case, unless the registered victim has notified the Board that they do not wish to receive a copy of the summary.”.

(1)

S.S.I. 2001/315, as relevantly amended by S.S.I. 2010/164, S.S.I. 2011/133 and S.I. 2013/2042 and temporarily modified by schedule 4 of the Coronavirus (Scotland) Act 2020 (asp 7).

(2)

2003 asp 7. Section 16(1) was relevantly amended by section 27(a) of the Victims and Witnesses (Scotland) Act 2014 and S.S.I. 2008/185.