The Parole Board (Scotland) Amendment Rules 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Parole Board (Scotland) Rules 2001 (“the 2001 Rules”) to make provision about victim involvement in proceedings of the Parole Board for Scotland (“the Parole Board”), and about the publication of decision summaries by the Parole Board.

Rule 2(2) amends rule 2 of the 2001 Rules to add a definition of “registered victim”.

Rule 2(3) amends rule 8 of the 2001 Rules. Rule 8 sets out that when making a decision about a case referred to it, the Parole Board may take into account any relevant matter, and further provides that in doing so the Parole Board may take into account particular listed matters. Rule 2(3) of these Rules adds the matter of the safety or security of any victim or family member of a victim to the list of particular matters in rule 8 of the 2001 Rules.

Rule 2(4) amends rule 9 of the 2001 Rules as a consequence of the provision added by rule 2(7). The publication of a decision summary under the new provision inserted by rule 2(7) is excluded from the general requirement in rule 9 that information in relation to Parole Board proceedings may not be disclosed to any person not involved in the case.

Rule 2(5) amends rule 26 of the 2001 Rules in consequence of the amendments made by rule 2(6). Rule 26(2) of the 2001 Rules provides that only persons listed in that paragraph may attend an oral hearing held under Part 4 of those Rules. Rule 2(5) adds persons authorised under rule 26A (which is inserted by rule 2(5)) to that list. Rule 2(5) also amends rule 26(4) of the 2001 Rules, to provide that the general power of the tribunal in rule 26(4) to authorise persons to attend hearings does not apply to persons specifically authorised to attend under new rule 26A.

Rule 2(6) inserts a new rule 26A into the 2001 Rules. Rule 26A makes provision for a procedure whereby a person who is registered with the Victim Notification Scheme established under the Criminal Justice (Scotland) Act 2003, in relation to a particular case (a “registered victim”), may request authorisation to attend to observe the Parole Board’s oral hearing under Part 4 of the 2001 Rules in relation to that case. The Parole Board must permit representations from the parties to the hearing (the prisoner and the Scottish Ministers) before deciding whether to authorise attendance by a registered victim. Rule 26A also makes provision for a registered victim to be accompanied by a support person or persons, for attendance by live link unless the Parole Board permits otherwise, and to provide that the Parole Board may exclude a registered victim or a support person from any part of the hearing.

Rule 2(7) inserts a new rule 28A into the 2001 Rules, which provides for publication of summaries of Parole Board decisions under rule 28. Rule 28A(1) provides that a summary must be published for a decision to release a prisoner. Rule 28A(2) enables the Parole Board to publish summaries in other cases. Rule 28A(3) and (4) make provision about information which must, or may, be excluded from published summaries. Rule 28A(5) makes provisions with regard to the Parole Board’s obligations to send a copy of a summary to any registered victim in relation to the case, before the summary is published.

No Business or Regulatory Impact Assessment has been prepared for these Rules as no impact upon business, charities or voluntary bodies is foreseen.

A Data Protection Impact Assessment has been prepared. A copy is available online at www.legislation.gov.uk.