Explanatory note

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 1^st April 2009.