OpenLegislation

Rule 16 Format of parole proceedingsI1

Scotland

(1)

Subject to this Rule, proceedings of a panel or, as the case may be, of the Board are to take place by live link.

(2)

A panel or, as the case may be, the Board may arrange for its proceedings, or any part of its proceedings, in relation to a case to take place by in-person attendance, either on its own motion or on the application of a party under this Rule.

(3)

An application under paragraph (2) in relation to a preliminary hearing or to an oral hearing under Part 4 is to be made within 5 working days after the parties are notified of the date of the hearing, or by such later date as the panel or the Board may authorise.

(4)

Before determining an application under paragraph (2), the panel or the Board must give the parties the opportunity to make representations and must consider those representations.

(5)

The panel or the Board must give the parties written notice of its decision no later than 5 working days (or such shorter time as the parties may agree) before the hearing to which the application relates.

(6)

In this rule—

  • “in-person attendance” means the attendance at a specified place of any or all of the members of the panel or Board involved in the proceedings, the parties, and any other person authorised or required to attend a hearing.

  • “live link” means any arrangement by which any or all of the members of the Board or the panel involved in the proceedings, the parties, and any other person authorised or required to attend a hearing are able to—

    1. (a)

      be seen and be heard, or be heard, in the proceedings,

    2. (b)

      see and hear, or hear, the proceedings,

    while not present in the same place.

Annotations

Commencement

I1

Rule 16 in force at 1.4.2023, see rule 1(1)