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The Parole Board (Scotland) Rules 2022
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Composition of panel to consider case
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7.—(1) Subject to paragraphs (3) and (7), a casework panel of any 2 or 3 members of the Board is to be appointed for the purpose of—
(a)exercising the functions of the Board under this Part (except where the context otherwise requires), and
(b)considering a case which is to be determined under Part 3.
(2) For the purpose of paragraph (1), one of the appointed members is to be designated as panel chairperson.
(3) A casework panel may be formed of a single member of the Board in respect of a case which is to be considered for the purpose of—
(a)making a recommendation under section 17(1) (revocation of licence) of the 1993 Act,
(b)recommending that a licence condition in respect of the person concerned be included on release, inserted, varied or cancelled.
(4) Subject to paragraphs (5), (6) and (7), an oral hearing panel of any 2 or 3 members of the Board is to be appointed for the purpose of considering a case which is to be determined under Part 4.
(5) Where an oral hearing panel is appointed to consider an indeterminate case, the panel must include a legally qualified member who is to be appointed as chairperson of the panel.
(6) Where an oral hearing panel is appointed to consider any case which is not an indeterminate case—
(a)one of the appointed members who is a legally qualified member, or
(b)if there is no legally qualified member on the panel, any other member,
is to be designated as chairperson of the oral hearing panel.
(7) No member of the Board who took part in making a recommendation under section 17(1) of the 1993 Act in relation to a case may be appointed to consider the same case under section 17(3) of that Act.
(8) In the event of the death, incapacity, or unavailability for any other reason of a member appointed under this rule—
(a)if the absent member is the panel chairperson, or if the case was to be considered by a panel of 2 members or by a single member, a replacement member must be appointed,
(b)in any other case, the case may be dealt with by the remaining panel members.
(9) In this rule and rule 8, “legally qualified member” means a member who is —
(a)a solicitor or advocate of not less than 10 years standing,
(b)a current or former Senator of the College of Justice, or
(c)a current or former sheriff principal, sheriff, or summary sheriff.
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