Rule 30 Observation of oral hearing by victimI1

This rule applies to indeterminate cases only.

A registered Part 2 victim (a “registered victim”) in relation to a case to which this rule applies may attend an oral hearing under this Part for the purpose of observing proceedings if authorised to do so under this rule.

The registered victim must apply in writing to the Board to be authorised to attend the hearing.

An application mentioned in paragraph (3) must be made during the period intimated to the registered victim by the Board for the purpose of making the application or, if applicable, during such extended period as may be agreed by the Board.

On receipt of an application under this rule, the Board must inform the parties that the application has been made, and must provide an opportunity for the parties to make representations about the application.

The chairperson of the panel may grant or refuse an application under paragraph (3), and must send the registered victim and the parties a written notice of the decision which includes the reasons for the decision.

A registered victim authorised to attend a hearing under this rule may be accompanied at the oral hearing by one other person (or such greater number as the chairperson of the panel may agree), for the purpose of support, and must provide the panel with the name and contact details of the support person or persons not later than 5 working days before the date of the oral hearing.

Attendance at an oral hearing under this rule is to be by live link unless the panel considers that another means of attendance is required and is in the interests of justice.

The panel may at any time exclude a registered victim or a support person mentioned in paragraph (7) from any part of the oral hearing.

In this rule—

• “live link” means any arrangements by which a person authorised under this rule is able to see and hear, or hear, the proceedings while not present at the place where the case is being held,

• “registered Part 2 victim” means a person who has—

  1. (i)

     intimated under section 17(2) of the Criminal Justice (Scotland) Act 2003^f1 that they wish to be afforded the opportunity to make representations in respect of decisions to release a convicted person on licence, or

  2. (ii)

     intimated under section 17(11) of that Act that they wish to receive information under that section.