# The Parole Board (Scotland) Rules 2022, Rule 9: Non-disclosure of information

Extent: S

(1) This rule applies where information mentioned in paragraph (2) is determined by the Scottish Ministers, a panel or the Board, as the case may be, to be information which should not be disclosed to the person concerned (“damaging information”) for one of the following reasons—
(a) the disclosure would be likely to adversely affect the health, welfare or safety of any person,
(b) the disclosure would be likely to result in the commission of an offence,
(c) the disclosure would be likely to facilitate an escape from legal custody or adversely affect the safe keeping of any person in legal custody,
(d) the disclosure would be likely to impede the prevention, investigation or detection of offences, or the apprehension or prosecution of suspected offenders,
(e) the disclosure would be likely to have an adverse effect on national security,
(f) the disclosure would be likely to otherwise damage the public interest.
(2) The information is any—
(a) dossier information relating to the case,
(b) other information identified by the Scottish Ministers as relevant to the case,
(c) written representations made by a victim in relation to the case, a family member of such a victim, or a family member of the person concerned or any written record of oral representations made by such a person,
(d) other information or document provided in relation to the case.
(3) Where this rule applies—
(a) the damaging information is not to be sent to the person concerned,
(b) a written notice is to be sent to the person concerned—
(i) informing that person that certain information has not been sent to them because it has been classed as damaging information,
(ii) specifying the reason, of those listed in paragraph (1), for the information being classed as damaging information, and
(iii) setting out, as far as is practicable without prejudicing that reason, the substance of the damaging information.
(c) if the notice mentioned in sub-paragraph (b) is sent by the Scottish Ministers, a copy of the notice is to be sent to the Board at the same time.
(4) The panel is then to consider the damaging information and determine whether it is material to their consideration of the case.
(5) If the panel determines that the information is not material to their consideration of the case, the case may be determined without having regard to that information.
(6) If the panel determines that the information is or could be material to the case, it may make arrangements for the withholding of the information from the person concerned to be scrutinised at a preliminary hearing or such other proceedings as the panel considers appropriate.
(7) For the purpose of paragraph (6), the arrangements may include the appointment of a special advocate to review the damaging information and make representations to the panel as to—
(a) the justification for withholding the information from the person concerned, and
(b) whether the interests of justice, balanced against that justification, require any additional disclosure of any part of the information to the person concerned.
(8) The special advocate must not disclose the content of the damaging information to the person concerned, their representative, or to any person who is not a member of the panel.
(9) Following any steps taken under paragraph (6), the panel must determine whether any further disclosure of the information to the person concerned is required in the interests of justice, and, if so, must make arrangements to send that information to that person as soon as possible.
(10) In this rule—
“special advocate” means an independent solicitor or advocate,
“victim” means any victim of the offence for which the person concerned’s current sentence was imposed.

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Source: https://www.legislation.gov.uk/ssi/2022/385/rule/9 (the official version)
Page: https://openlegislation.uk/parole-board-scotland-rules-2022/rule-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.