Explanatory note

These Rules amend the Parole Board (Scotland) Rules 2022 (“the 2022 Rules”). These Rules apply to all cases referred to the Parole Board for Scotland (“the Board”) from 25 March 2026.

Rule 2(2) substitutes a new rule 11 into the 2022 Rules to introduce a requirement that the panel of the Board considering a case must take into account the safety and security of any victim of the person concerned (the person concerned is the person whose case is being considered by the Board) or a victim’s family member when making any decision in a case. This is in addition to matters set out which the panel may take into account when considering a case. These were all matters which the panel may have taken into account under the previous rule 11. Rule 2(2) implements the requirement placed on the Scottish Ministers by section 20(4AB) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”). That requirement is, that when exercising the rule making power under section 20(4) of the 1993 Act, the Scottish Ministers must include provision to the effect of rule 11(1).

Rule 2(3) substitutes a new rule 12 into the 2022 Rules to require the panel of the Board to take into account when making a decision as to release, that, in a case in which the person concerned has been convicted for murder or culpable homicide and the victim’s remains have not been recovered, the person concerned has not disclosed information about how and where the victim’s remains were disposed of. This rule applies when there are reasonable grounds to believe the person concerned has such information. The previous rule 12 provided that the panel may take this matter into account when deciding on the release of the person. Rule 2(3) implements the requirement placed on the Scottish Ministers by section 20(4AA) of the 1993 Act, which requires the Scottish Ministers to include such a provision when exercising the rule making power under section 20(4) of the 1993 Act.

Subsections (4AA) and (4AB) were inserted into section 20 of the 1993 Act by sections 55 and 56 of the Victims, Witnesses and Justice Reform (Scotland) Act 2025. Sections 55 and 56 were commenced in S.S.I. 2025/393 (as amended by S.S.I. 2026/66 (C. 3)) and came into force on 11 February 2026.