# The Parole Board Rules 2019, Article 20: Procedure after a provisional decision on the papers

Extent: E+W

(1) Where a panel appointed under rule 5(1) has made a decision that a prisoner is unsuitable for release under rule 19(1)(b), the prisoner may apply in writing for a panel at an oral hearing to determine the case.
(2) A prisoner who makes an application under paragraph (1) must serve the application, together with reasons for making an application, on the Board and the Secretary of State, within 28 days of ... the decision or advice under rule 19(8) being sent.
(3) If no application has been served by the prisoner under paragraph (2) after the expiry of the period specified by that paragraph, a provisional decision made under rule 19(1)(b)—
(a) remains provisional if it is eligible for reconsideration under rule 28, and becomes final if no application for reconsideration is received within the period specified by that rule, or
(b) becomes final if it is not eligible for reconsideration under rule 28.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If an application is served in accordance with paragraph (2), the decision about whether the case should be determined at an oral hearing must be taken by a member of the Board who—
(a) is a duty member, and
(b) was not part of the constituted panel appointed under rule 5(1) who made the provisional decision.
(6) If the decision taken under paragraph (5) is that the case should not be determined at an oral hearing, a provisional decision under rule 19(1)(b)—
(a) remains provisional if it is eligible for reconsideration under rule 28 and becomes final if no application for reconsideration is received within the period specified by that rule, or
(b) becomes final if it is not eligible for reconsideration under rule 28.
(7) Where the decision taken under paragraph (5) is that the case should not be determined at an oral hearing, that decision must —
(a) be provided to the parties by the Board within 14 days of the application being served by the prisoner under paragraph (2); and
(b) include the reasons for that decision.
(8) A decision under paragraph (5) cannot be deferred or adjourned by a panel chair or duty member under rule 6 and the time limit in paragraph (7) cannot be extended under rule 9.

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Source: https://www.legislation.gov.uk/uksi/2019/1038/article/20 (the official version)
Page: https://openlegislation.uk/parole-board-rules-2019/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.