{
  "url": "https://openlegislation.uk/parole-board-rules-2019/article-17",
  "json_url": "https://openlegislation.uk/parole-board-rules-2019/article-17.json",
  "legislation": "uksi/2019/1038",
  "legislation_title": "The Parole Board Rules 2019",
  "legislation_url": "https://openlegislation.uk/parole-board-rules-2019",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Withholding information or reports",
  "text": "(1) The Secretary of State ... may apply to the Board for information or any report (“the material”) to be withheld from the prisoner, or from both the prisoner and their representative, where the Secretary of State ... considers—\n(a) that its disclosure would adversely affect—\n(i) national security;\n(ii) the prevention of disorder or crime, or\n(iii) the health or welfare of the prisoner or any other person, and\n(b) that withholding the material is a necessary and proportionate measure in the circumstances of the case.\n(2) An application under paragraph (1) may not be made later than 8 weeks before the date allocated for an oral hearing under rule 22.\n(3) Where the Secretary of State ... makes an application for the material to be withheld under paragraph (1), the Secretary of State ... must serve on the Board—\n(a) the material, or a separate document containing the material, and\n(b) a written application for non-disclosure, explaining why it is proposed to be withheld.\n(4) On receipt of an application under paragraph (3), either a panel chair or duty member appointed for that purpose must consider the application and in considering the application may make directions as necessary to enable determination of the application, including directions to—\n(a) resolve any preliminary issues or questions about the application before making a decision on the application, including by directing a case management conference under rule 7 to resolve any such issues, and\n(b) make directions under rule 6 in relation to the service of additional evidence, information or reports regarding the application made under paragraph (3)(b) but only in relation to material required under rule 16.\n(4A) Any additional evidence, information or reports directed to be served under paragraph (4)(c) which are served before the panel chair or duty member makes a decision on the application are to be considered under the original application made under paragraph (3) and do not require a further application by the Secretary of State.\n(4B) If the panel chair or duty member directs that any additional evidence, information or reports are to be served after the decision on an application under paragraph (3) has been made under paragraph (5), other than additional evidence, information or reports directed to be served following an appeal under paragraph (11), a new application by the Secretary of State is required under paragraph (1) if the Secretary of State considers that the material should be withheld under paragraph (1).\n(5) Where the panel chair or duty member is satisfied that all relevant information has been served on the Board, they must consider the application and direct that the material should be—\n(a) served on the prisoner and their representative (if applicable) in full;\n(b) withheld from the prisoner but—\n(i) served on their representative (if applicable) in full, subject to any undertaking required under paragraph (7)(b), and\n(ii) disclosed to the prisoner in the form or a summary of redacted version, or\n(c) withheld from the prisoner and their representative (if applicable), but disclosed to them in the form of a summary or redacted version.\n(6) If—\n(a) a direction is given under paragraph (5)(a) and the Secretary of State ... intends to appeal against it in accordance with paragraph (11), or\n(b) a direction is given under paragraph (5)(b) or (c),\nthe Secretary of State ... must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) that an application has been made under paragraph (3)(b) and the direction that has been made under paragraph (5).\n(7) If the panel chair or duty member appointed under paragraph (4) gives a direction under paragraph (5)(b) or (c) that relates only to the prisoner, and that prisoner has a representative, the Secretary of State ... must, subject to paragraph 11, serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the prisoner’s representative, provided that—\n(a) the representative is—\n(i) a barrister or solicitor;\n(ii) a registered medical practitioner; or\n(iii) a person whom the panel chair or duty member appointed under paragraph (4) directs is suitable by virtue of their experience or professional qualifications; and\n(b) the representative has first given an undertaking to the Board that they will not disclose the material to the prisoner or to any other person, other than other legal professionals also responsible for working on that prisoner’s case together with the representative.\n(7A) Where the representative who has given an undertaking to the Board under paragraph (7)(b) ceases to represent the prisoner, any information that has been withheld from the prisoner by the panel chair or duty member under paragraph (5)(b) or (c) must not be shared with any new representative unless the new representative makes an undertaking not to disclose the material to the prisoner or any other person under paragraph (7)(b).\n(8) The panel chair or duty member making the determination in regards to the non-disclosure application, or the panel chair or duty member at a later date, may direct the appointment of a special advocate appointed by the Attorney General to represent the prisoner’s interests where the panel chair or duty member appointed under paragraph (4)—\n(a) is considering the application and directions under paragraph (5);\n(b) makes a direction under paragraph (5)(a) and the Secretary of State appeals the direction under paragraph (11), or\n(c) makes a direction under paragraph (5)(b) or (c) that relates to both a prisoner and their representative, or relates to the prisoner in circumstances where the prisoner does not have a representative.\n(9) If a direction to appoint a special advocate is made under paragraph (8), the Secretary of State ... must serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the special advocate.\n(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(11) Within 7 days of notification by the Secretary of State or Board in accordance with paragraph (6), either party ... may appeal against that direction to the Board chair and notify the other party of the application to appeal.\n(12) If the Secretary of State ... appeals the direction in accordance with paragraph (11), the Secretary of State ... need not serve the material under paragraphs (5) or (7) until the appeal is determined.\n(13) Where a direction is made under paragraph (5)(b) or (c) to withhold material from a prisoner who does not have a representative, the decision will automatically be considered in an appeal to the Board chair.\n(14) Within 7 days of being notified that a party has appealed under paragraph (11), the other party may make representations in respect of the appeal to the Board chair.\n(14A) In determining an appeal under paragraph (11) or (13), the Board chair must consider the application and may make directions as necessary to enable determination of the application, including a direction under paragraph (8).\n(14AB) Any additional evidence, information or reports directed to be served by the panel chair or duty member to make a decision on the appeal are to be considered under the original application made under paragraph (3) and do not require a further application from the Secretary of State.\n(14B) The Board chair may determine an appeal by—\n(a) upholding the decision made by the panel chair or duty member under paragraph (5); or\n(b) substituting their own decision, which may contain any direction that the panel chair or duty member could have made under paragraph (5).\n(14C) When the Board chair has made a decision under paragraph (14B) the Secretary of State ... must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) and the special advocate (if one has been appointed) that a decision has been made and its outcome.\n(14D) The panel chair or duty member may reconsider the disclosure of any material withheld under this rule at a later date under paragraph (5), and any direction to disclose the material under paragraph (5)(a) is subject to a separate right of appeal under paragraph (11).\n(14E) Where the proceedings before the Board have been determined, the panel chair or duty member may, at a later date, consider an application from a representative for the undertaking to be removed, but the undertaking may only be removed where—\n(a) the Secretary of State consents, or\n(b) the Board finds that the reasons for which it previously determined under paragraph (5) that the material could not be disclosed to the prisoner no longer exist.\n(14F) Where the Board directs that an undertaking may be removed under paragraph (14E)(b), that decision is subject to a separate right of appeal under paragraph (11).\n(15) If—\n(a) a panel chair or duty member appointed under paragraph (4) to determine an application under paragraph (1), ...\n(b) the Board chair determining an appeal under paragraph (11) or (13), or\n(c) a panel chair or duty member directing disclosure under paragraph (14D),\ndecides that any material which is subject to the application by the Secretary of State ... under paragraph (1) should be disclosed to the prisoner or the prisoner’s representative (in full or in the form of a summary or redacted version), the Secretary of State ... may withdraw the material ....\n(16) If the Secretary of State does not withdraw any material in accordance with paragraph (15), they must serve on the prisoner or the prisoner’s representative or both (as directed by the Board chair)—\n(a) the decision, subject to any redactions the Board considers necessary so as not to undermine the decision;\n(b) any material directed to be disclosed, subject to receipt of an undertaking if so directed.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 17(1) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(a)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 17(1) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 17(3) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in rule 17(3) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Rule 17(4) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(c)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Rule 17(4A)(4B) inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Rule 17(5)(b)(c) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(e)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in rule 17(6) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(f)(i)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in rule 17(6) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(f)(ii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in rule 17(7) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(g)(i)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in rule 17(7) substituted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(a)(i)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in rule 17(7) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in rule 17(7)(b) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(g)(ii)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Rule 17(7A) inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(h)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in rule 17(8) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(b)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Rule 17(8)(a)-(c) substituted for rule 17(8)(a)(b) (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(i)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in rule 17(9) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(j)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Rule 17(10) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(c)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in rule 17(11) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(k)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in rule 17(12) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(l)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Rule 17(14A)-(14D) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(d)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Rule 17(14AB) inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(m)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in rule 17(14C) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(n)(i)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in rule 17(14C) inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(n)(ii)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Word in rule 17(14D) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(o)(i)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in rule 17(14D) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(o)(ii)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Rule 17(14E)(14F) inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(p)"
    },
    {
      "type": "F",
      "label": "F28",
      "text": "Word in rule 17(15)(a) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(i)"
    },
    {
      "type": "F",
      "label": "F29",
      "text": "Word in rule 17(15)(b) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(ii)"
    },
    {
      "type": "F",
      "label": "F30",
      "text": "Rule 17(15)(c) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(iii)"
    },
    {
      "type": "F",
      "label": "F31",
      "text": "Word in rule 17(15)(c) substituted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(q)(i)"
    },
    {
      "type": "F",
      "label": "F32",
      "text": "Words in rule 17(15)(c) omitted (16.12.2025) by virtue of The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(6)(q)(ii)"
    },
    {
      "type": "F",
      "label": "F33",
      "text": "Words in rule 17(15) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(iv)"
    },
    {
      "type": "F",
      "label": "F34",
      "text": "Words in rule 17(15) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(e)(v)"
    },
    {
      "type": "F",
      "label": "F35",
      "text": "Rule 17(16) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(11)(f)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 17 in force at 22.7.2019, see rule 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1038/article/17",
    "retrieved_at": "2026-10-28T22:39:31.947290+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}