Article 5 Appointment of panelsI1
England and Wales
For all cases which have been referred to the Board, the Board chair must appoint one or more members of the Board to constitute a panel to consider, in accordance with rule 19, the release of a prisoner on the papers, or to advise the Secretary of State.
If, following consideration on the papers under rule 19, a case is directed to be considered at an oral hearing, the Board chair must appoint one or more members of the Board to constitute a panel to hear that case in accordance with rules 22 to 26.
If following consideration of whether a case should be decided on the papers F1... in accordance with rule 21, a direction is made for the case to be decided by a panel on the papers, the Board chair must appoint one or more members of the Board to constitute a panel to make a decision on the release of the prisoner on the papers.
For any application made for reconsideration of a provisional decision under rule 28, the Board chair must appoint one or more members of the Board to constitute an assessment panel to consider the application.
For any application made to set aside a final decision under rule 28A, the Board chair must appoint one or more members of the Board to constitute a panel to consider the application.
For any F3reference made for the Board to consider the termination of an offender’s licence under rule 31, the Board chair must appoint one or more members of the Board to constitute a panel to consider the reference.
Any panel or assessment panel appointed under paragraphs (1) to (5) is to be chaired—
where a panel or assessment panel is constituted of more than one member, by the member of the panel appointed by the Board chair for this purpose;
where a panel or assessment panel is constituted of only one member, by that member.
A person appointed under paragraph (1) may, in the same case, sit on a panel at an oral hearing appointed under paragraph (2).
A person appointed under paragraphs (1) to (3) to consider a case on the papers or at an oral hearing must not subsequently be appointed to an assessment panel for reconsideration of that case under paragraph (4).
Annotations
Textual amendments
- F1
Words in rule 5(3) omitted (21.7.2022) by virtue of The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(5)(a)
- F2
Rule 5(4A) inserted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(5)(b)
- F3
Word in rule 5(5) substituted (21.7.2022) by The Parole Board (Amendment) Rules 2022 (S.I. 2022/717), rules 1(2), 2(5)(c)
Commencement
- I1
Rule 5 in force at 22.7.2019, see rule 1(1)