Article 19 Consideration on the papersI1

Where a panel is appointed under rule 5(1) to consider the release of a prisoner, the panel must decide on the papers either that—

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In relation to a prisoner to whom paragraph (1)(a) and section 31A(4E) of the 1997 Act applies, the panel must also consider whether they must direct the Secretary of State to release the prisoner unconditionally in accordance with section 31A(4F) of that Act.

Where a panel has received a request for advice from the Secretary of State concerning whether a prisoner should move to open conditions, the panel must recommend whether—

Where a panel makes a decision that the case should be directed to an oral hearing under this rule, the panel may at the same time make any directions relating to the oral hearing.

Any decision made under paragraph (1)(a) which is eligible for reconsideration under rule 28 is provisional, and becomes final if no application for reconsideration is received within the period specified by that rule.

Any decision made under paragraph (1)(a) which is not eligible for reconsideration under rule 28 is final.

Any decision made under paragraph (1)(b) is provisional.

Where the Board receives a request for advice with respect to any matter referred to it by the Secretary of State, the Board may advise or make a recommendation to the Secretary of State without an oral hearing.

The panel’s decision or advice must include the reasons for that decision or advice.