Rule 77.19 The applicationF1

(1)

The claim form must—

(a)

state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that—

(i)

the release of the defendant would be likely to undermine public confidence in the parole system; and

(ii)

if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b)

identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and

(c)

state that the claimant will file and serve all further material in accordance with paragraph (2).

(2)

Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant—

(a)

the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b)

any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release;

(c)

the Parole Board’s decision letter;

(d)

all information and reports served on and considered by the Parole Board; and

(e)

any further information the claimant considers relevant to the application.

(3)

Paragraph (2) is subject to rule 77.21.

(4)

In any proceedings under this Section, the claimant may not rely on any written evidence or information unless—

(a)

it has been served in accordance with—

(i)

a rule or practice direction under this Section; or

(ii)

a direction of the court; or

(b)

the court gives permission.

(5)

Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which—

(a)

adversely affects the claimant’s case; or

(b)

supports the defendant’s case.

Annotations

Textual amendments

F1: Pt. 77 Section 3 inserted (31.12.2025) by The Civil Procedure (Amendment No. 3) Rules 2025 (S.I. 2025/1229), rules 1(1), 3(3)

Notes on Part 77

Textual amendments

F1: Pt. 77 inserted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rule 1(b), Sch.
F2: Words in Pt. 77 Table of Contents substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(i)
F3: Words in Pt. 77 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(ii)
F4: Words in Pt. 77 Table of Contents inserted (31.12.2025) by The Civil Procedure (Amendment No. 3) Rules 2025 (S.I. 2025/1229), rules 1(1), 3(1)