OpenLegislation

Article 31 References to terminate IPP licencesF16I1

England and Wales

F1(1)

Where the Secretary of State makes a reference for an offender’s licence to be terminated under section 31A of the 1997 Act, the Secretary of State must serve any reports or evidence at the same time as making the reference to the Board.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Where the Board receives F4a reference, a panel appointed under rule 5(5) must consider the application in accordance with section 31A(4) of the 1997 Act.

(5)

In considering the F5reference, the panel may—

(a)

make a decision on the papers, or

(b)

direct that the F6reference should be decided by a panel at a hearing.

(6)

Where a panel considers the F7reference on the papers or at a hearing, it must decide to—

(a)

terminate the offender’s licence;

(b)

F8dismiss the reference, but amend the offender’s licence in accordance with section 31(3) of the 1997 Act, or

(c)

F9dismiss the reference.

F10(6A)

Where the reference has been made for an offender who is in prison having been recalled under section 32 of the 1997 Act, the panel must consider the reference in accordance with section F1131(4F) of that Act.

F12(7)

The decision under paragraph (6) or (6A) must—

(a)

include the reasons for that decision; and

(F13b)

be provided to the offender and the Secretary of State within 14 days.

F14(7A)

Any decision made by the panel under paragraphs (6) F15... or (6A) is provisional, and becomes final if no application for reconsideration under rule 28 is received within the period specified by that rule.

Annotations

Textual amendments

F1

Rule 31(1) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(b)

F2

Rule 31(2) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(c)

F3

Rule 31(3) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(d)

F4

Words in rule 31(4) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(e)

F5

Word in rule 31(5) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(f)(i)

F6

Word in rule 31(5)(b) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(f)(ii)

F7

Word in rule 31(6) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(g)(i)

F8

Words in rule 31(6)(b) inserted (1.11.2024) by The Parole Board (Amendment) Rules 2024 (S.I. 2024/1011), rules 1(3), 2(16)(a)

F9

Words in rule 31(6)(b) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(g)(ii)

F10

Rule 31(6A) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(h)

F11

Word in rule 31(6A) substituted (1.11.2024) by The Parole Board (Amendment) Rules 2024 (S.I. 2024/1011), rules 1(3), 2(16)(b)

F12

Rule 31(7) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(i)

F13

Rule 31(7)(b) substituted (1.11.2024) by The Parole Board (Amendment) Rules 2024 (S.I. 2024/1011), rules 1(3), 2(16)(c)

F14

Rule 31(7A) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(j)

F15

Words in rule 31(7A) omitted (1.11.2024) by virtue of The Parole Board (Amendment) Rules 2024 (S.I. 2024/1011), rules 1(3), 2(16)(d)

F16

Word in rule 31 heading substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(21)(a)

Commencement

I1

Rule 31 in force at 22.7.2019, see rule 1(1)