Explanatory note

Rule 2 of this instrument makes a number of amendments to the Parole Board Rules 2019 (S.I. 2019/1038), which set out the procedure to be adopted by the Parole Board (“the Board”) when dealing with cases for release and termination of licences.

Paragraph (2) amends rule 2 by inserting a definition for “victim”.

Paragraph (3) inserts three functions to the list of functions of the Board in parole cases to be delegated to Board staff by amending rule 4.

Paragraph (4) amends rule 6 to enable a panel chair or duty member to make directions to withhold evidence from disclosure.

Paragraph (5) amends rule 14(4C) by including a time-frame in which a party can make representations in response to an application to admit a person to an oral hearing as an observer under paragraph (4A) of rule 14. It also inserts new paragraphs (4D) and (4E) creating a presumption that an application made by a victim to observe an oral hearing will be granted unless to do so would be contrary to the interests of justice, and a requirement for the Board chair or a duty member to provide written reasons where a victim’s application to observe an oral hearing is refused.

Paragraph (6) amends rule 17 by removing the power for authorised third parties to make applications to withhold material from the prisoner. It also makes clear that where an application has been made by the Secretary of State to withhold material from the prisoner (and their representative, if applicable) the Parole Board may direct the appointment of a Special Advocate to represent the prisoner’s best interests before the decision on whether the material is held, rather than only after a decision to withhold has been made. Paragraph (6) also inserts new paragraph (7A) into rule 17 in order to make clear that new representatives who take over a case from a previous representative are unable to receive material that has been withheld from the prisoner unless they give a new undertaking under the rule to not share the material with the prisoner. It also inserts new paragraph (14E) into rule 17 to provide that an undertaking to the Board not to share material with the prisoner cannot be removed once the proceedings before the Board have been determined unless the Secretary of States give their consent or the Board finds that the reasons for the material being withheld no longer exist. The Board’s determination is subject to a right of appeal by the Secretary of State.

Paragraph (7) inserts new rules 17A, 17B and 17C which set out in detail the specific function of special advocates when appointed by the Board under rule 17, the way in which special advocates may communicate with the prisoner and with other relevant parties to the proceedings, and the way in which written determinations of decisions involving material withheld from the prisoner must be shared with the Secretary of State prior to being served on the prisoner and their representative in order to ensure that information is not disclosed contrary to national security, the prevention of disorder or crime, or the health or welfare of the prisoner or any other person.

Paragraph (8) inserts a new paragraph (1ZA) which creates a presumption that, where a panel considers on the papers under rule 19 of the Parole Board Rules 2019 relating to the recall of prisoners serving standard determinate sentences, cases where prisoners has committed a new offence, or cases where a prisoner’s automatic release date is imminent making it impractical to hold an oral hearing, the prisoner is not permitted to apply for an oral hearing to determine their case. However, a panel is able to depart from this starting point and direct that the case should be directed to an oral hearing where there are exceptional circumstances to justify it.

Paragraph (9) amends rule 27(1) to (4) to enable the Board chair to produce a redacted decision letter instead of a summary of the reasons for a decision or recommendation, and inserts a new paragraph (4A) which makes clear that, when the Board is asked to produce the reasons for a decision or recommendation, it may do so by producing either a redacted decision letter or producing a summary of the decision, and gives the Board chair a discretion to determine that a redacted decision letter should be produced where a victim or other person makes an application for the disclosure of a decision under rule 27(1). Paragraph (4A) amends rule 27(4) by inserting a definition for “a redacted decision letter”.

Paragraph (10) removes the ground of error of law or fact as a basis to set aside and amends the timeframe for application or initiation to set aside decisions to release. Decisions not to release are no longer eligible to be set aside.

Paragraph (11) makes provision for procedural requirements in relation to the new parole referral mechanism in sections 61 and 62 of the Victims and Prisoners Act 2024 (c. 21) which allow the Secretary of State to refer cases to the High Court for a fresh release decision following a release decision by the Parole Board.

Paragraph (12) amends Part B of the Schedule by inserting a definition for “victim” under that Part.

Rule 3 of this instrument makes minor amendments to the Parole Board (Amendment) Rules 2024.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.