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The Parole Board (Amendment) Rules 2009

S.I. 2009/408 · Made 25 February 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Prisons, England And Wales

Made 25th February 2009

Laid before Parliament 2nd March 2009

Coming into force 1st April 2009

The Secretary of State, in exercise of the power conferred by section 239(5) of the Criminal Justice Act 2003f1, makes the following Rules:

Annotations to the whole text

Footnotes

f1

2003 c. 44.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the 2004 Rules
  3. 3Amendments to the 2004 Rules
  4. 4Amendments to the 2004 Rules
  5. 5Amendments to the 2004 Rules
  6. 6Amendments to the 2004 Rules
  7. 7Amendments to the 2004 Rules
  8. 8Amendments to the 2004 Rules
  9. 9Amendments to the 2004 Rules
  10. 10Amendments to the 2004 Rules
  11. 11Amendments to the 2004 Rules
  12. 12Amendments to the 2004 Rules
  13. 13Amendments to the 2004 Rules
  14. 14Transitional provision
  15. Signature
  16. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Parole Board (Amendment) Rules 2009 and shall come into force on 1st April 2009.

(2)

In these Rules, “the 2004 Rules” means the Parole Board Rules 2004f1.

2Amendments to the 2004 Rules

The 2004 Rules are amended as follows.

3Amendments to the 2004 Rules

In arrangement of rules, for “13. Provisional decision in favour of release: consideration by three member paper panel” substitute “13. Consideration by an oral panel”.

4Amendments to the 2004 Rules

In rule 2 (application and interpretation)—

(a)

after the definition of “governor” insert—

  • ““ICM member” means a member of the Board accredited by the Board to manage cases in accordance with the Board’s intensive case management system”;

(b)

omit the definition of “three member paper panel”; and

(c)

for “three member oral panel” substitute “oral panel”.

5Amendments to the 2004 Rules

In rule 3 (appointment of panels)—

(a)

omit paragraph (2);

(b)

in paragraph (3)—

(i)

omit “Subject to paragraph (6) below,”;

(ii)

for “three” substitute “one or more”; and

(iii)

after “with a hearing.” insert “In respect of a hearing in the case of a prisoner serving an automatic life sentence, a mandatory life sentence, a discretionary life sentence, or a sentence during Her Majesty’s pleasure, the oral panel shall consist of or include a sitting or retired judge.”;

(c)

in paragraph (4) omit “, (2)”;

(d)

in paragraph (5)—

(i)

omit “Subject to paragraph (6) below,”; and

(ii)

after “of that panel.” insert “In relation to any panels comprising two or more members formed under paragraph (3) above that include a sitting or retired judge, that person shall act as chair of the panel.”; and

(e)

omit paragraph (6).

6Amendments to the 2004 Rules

In rule 8 (directions)—

(a)

in paragraph (1) for “the chair of the panel may at any time” substitute “an ICM member may at any time prior to the appointment of a panel, and the chair of such panel may at any time after the panel is appointed,”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a) before “the chair of the panel’s” insert “ the ICM member’s or”; and

(ii)

after “to make written representations, or” insert “after a panel has been appointed and”.

7Amendments to the 2004 Rules

In rule 9 (adjournment), in paragraph (3) for “a three member” substitute “an”.

8Amendments to the 2004 Rules

In rule 10 (panel decisions)—

(a)

in paragraph (1) omit “(2) or”; and

(b)

for paragraph (2) substitute—

“(2)

A panel that is unable to reach a decision in accordance with paragraph (1) shall be dissolved by the Chairman, who shall then appoint a new panel.”

9Amendments to the 2004 Rules

In rule 11 (consideration by single member panel)—

(a)

in paragraph (2)(a), for “be considered by a three member oral panel” substitute “receive further consideration by an oral panel”; and

(b)

in paragraph (2)(b), for “as to the prisoner’s suitability” substitute “that the prisoner is unsuitable”.

10Amendments to the 2004 Rules

In rule 12 (provisional decision against release)—

(a)

in paragraph (1), for “require a three member” substitute “request an”; and

(b)

in paragraph (2)—

(i)

for “require” substitute “request”; and

(ii)

after “notice to that effect” insert “, giving full reasons for the request,”.

11Amendments to the 2004 Rules

For rule 13 (provisional decision in favour of release: consideration by three member paper panel) substitute—

“Consideration by an oral panel

13.

In any case where the single member panel has referred the case to an oral panel for further consideration under rule 11(2)(a) or where a hearing has been ordered pursuant to a request under rule 12(2), the case must be considered by an oral panel within 26 weeks of the case having been originally listed.”

12Amendments to the 2004 Rules

In rule 14 (general provisions)—

(a)

in paragraph (1)—

(i)

omit “or 13(2)(a)”;

(ii)

for “notice” substitute “hearing has been ordered pursuant to a request”; and

(iii)

omit “or 13(5) has been served”.

(b)

omit paragraph (2); and

(c)

in paragraph (4), for “a three member” substitute “an”.

13Amendments to the 2004 Rules

In rule 20 (the decision), for “7” substitute “14”.

14Transitional provision

The amendments made by these Rules do not apply in relation to any hearing which begins prior to 1st April 2009. For the avoidance of doubt, any hearing which begins prior to 1st April 2009, and is adjourned to 1st April 2009 or later, is a hearing to which the amendments made by these Rules do not apply.

Signature

Signed by the authority of the Secretary of State

Bridget Prentice

Minister of State

Ministry of Justice

25th February 2009

Explanatory note

(This note is not part of the Rules)

The purpose of these Rules is to provide the Parole Board with greater flexibility in deploying its resources to better cope with an increasing number of cases referred to it.

These Rules are made under section 239(5) of the Criminal Justice Act 2003 and amend the Parole Board Rules 2004 (“the 2004 Rules”). The 2004 Rules set out the procedure to be adopted by the Parole Board when dealing with cases referred to it by the Secretary of State under sections 28(6)(a), 28(7) or 32(4) of the Crime (Sentences) Act 1997 or under sections 39(4) or 44A(2) of the Criminal Justice Act 1991.

Rule 3 amends the arrangement of rules of the 2004 Rules to reflect the change of heading of rule 13 to “Consideration by an oral panel”.

Rule 4 amends rule 2 of the 2004 Rules to add the definition of “ICM member”, remove the definition of “three member paper panel” and change the defined term “three member oral panel” to the defined term “oral panel”.

Rule 5 amends rule 3 of the 2004 Rules to remove the need for three person paper panels and to allow oral panels to be formed of one or more members instead of always being formed of three members. It also removes the requirement for all oral panels to be chaired by a legally qualified member and adds a requirement for all oral panels formed to hear the case of a prisoner serving an automatic life sentence, a mandatory life sentence, a discretionary life sentence, or a sentence during Her Majesty’s pleasure to be chaired by a sitting or retired judge.

Rule 6 amends rule 8 of the 2004 Rules to allow members of the Board who have been accredited in accordance with the Board’s intensive case management system to make directions prior to the appointment of a panel to consider the case.

Rule 7 amends a reference to a “three member oral panel” in rule 9 of the 2004 Rules to refer to an “oral panel”.

Rule 8 amends rule 10 of the 2004 Rules to remove a reference to three member paper panels and to require the Chairman to dissolve any oral panel that is unable to reach a majority decision and form a new oral panel in respect of that case.

Rule 9 amends rule 11 of the 2004 Rules to specify the two decisions a single member panel can take. A single member panel can either decide that a case should receive further consideration by an oral panel, or make a provisional decision that the prisoner is unsuitable for release.

Rule 10 amends rule 12 of the 2004 Rules so that where a single member panel has made a provisional decision that the prisoner is unsuitable for release under rule 11(2)(b) of the 2004 Rules, the prisoner can request but can no longer require an oral panel to consider his case. The prisoner must provide full reasons for such a request.

Rule 11 substitutes a new rule 13 of the 2004 Rules to remove references to the procedures in relation to three member paper panels and to require any case that is to be considered by an oral panel to be considered by such panel within 26 weeks of the case being listed.

Rule 12 amends rule 14 of the 2004 Rules to remove references to three member paper panels and to amend a reference to a “three member oral panel” to refer to an “oral panel”.

Rule 13 amends rule 20 of the 2004 Rules to increase the period of time within which the panel must notify the parties of its decision from 7 to 14 days.

Rule 14 is a transitional provision that specifies that the 2004 Rules will continue to apply to all hearings which begin before 1st April 2009.