The Parole Board (Amendment) Rules 2009

• Citation: S.I. 2009/408
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Parole Board (Amendment) Rules 2009 and shall come into force on 1 st April 2009.

(2) In these Rules, “the 2004 Rules ” means the Parole Board Rules 2004 .

Section 2 Amendments to the 2004 Rules

The 2004 Rules are amended as follows.

Section 3 Amendments to the 2004 Rules

In arrangement of rules, for “13. Provisional decision in favour of release: consideration by three member paper panel” substitute “13. Consideration by an oral panel”.

Section 4 Amendments to the 2004 Rules

In rule 2 (application and interpretation)—

(a) after the definition of “governor” insert—

“ICM member” means a member of the Board accredited by the Board to manage cases in accordance with the Board’s intensive case management system

(b) omit the definition of “three member paper panel”; and

(c) for “three member oral panel” substitute “oral panel”.

Section 5 Amendments to the 2004 Rules

In rule 3 (appointment of panels)—

(a) omit paragraph (2);

(b) in paragraph (3)—

(i) omit “Subject to paragraph (6) below,”;

(ii) for “three” substitute “one or more”; and

(iii) after “with a hearing.” insert “In respect of a hearing in the case of a prisoner serving an automatic life sentence, a mandatory life sentence, a discretionary life sentence, or a sentence during Her Majesty’s pleasure, the oral panel shall consist of or include a sitting or retired judge.”;

(c) in paragraph (4) omit “, (2)”;

(d) in paragraph (5)—

(i) omit “Subject to paragraph (6) below,”; and

(ii) after “of that panel.” insert “In relation to any panels comprising two or more members formed under paragraph (3) above that include a sitting or retired judge, that person shall act as chair of the panel.”; and

(e) omit paragraph (6).

Section 6 Amendments to the 2004 Rules

In rule 8 (directions)—

(a) in paragraph (1) for “the chair of the panel may at any time” substitute “an ICM member may at any time prior to the appointment of a panel, and the chair of such panel may at any time after the panel is appointed,”;

(b) in paragraph (4)—

(i) in sub-paragraph (a) before “the chair of the panel’s” insert “ the ICM member’s or”; and

(ii) after “to make written representations, or” insert “after a panel has been appointed and”.

Section 7 Amendments to the 2004 Rules

In rule 9 (adjournment), in paragraph (3) for “a three member” substitute “an”.

Section 8 Amendments to the 2004 Rules

In rule 10 (panel decisions)—

(a) in paragraph (1) omit “(2) or”; and

(b) for paragraph (2) substitute—

(2) A panel that is unable to reach a decision in accordance with paragraph (1) shall be dissolved by the Chairman, who shall then appoint a new panel.

Section 9 Amendments to the 2004 Rules

In rule 11 (consideration by single member panel)—

(a) in paragraph (2)(a), for “be considered by a three member oral panel” substitute “receive further consideration by an oral panel”; and

(b) in paragraph (2)(b), for “as to the prisoner’s suitability” substitute “that the prisoner is unsuitable”.

Section 10 Amendments to the 2004 Rules

In rule 12 (provisional decision against release)—

(a) in paragraph (1), for “require a three member” substitute “request an”; and

(b) in paragraph (2)—

(i) for “require” substitute “request”; and

(ii) after “notice to that effect” insert “, giving full reasons for the request,”.

Section 11 Amendments to the 2004 Rules

For rule 13 (provisional decision in favour of release: consideration by three member paper panel) substitute—

Consideration by an oral panel

(13) In any case where the single member panel has referred the case to an oral panel for further consideration under rule 11(2)(a) or where a hearing has been ordered pursuant to a request under rule 12(2), the case must be considered by an oral panel within 26 weeks of the case having been originally listed.

Section 12 Amendments to the 2004 Rules

In rule 14 (general provisions)—

(a) in paragraph (1)—

(i) omit “or 13(2)(a)”;

(ii) for “notice” substitute “hearing has been ordered pursuant to a request”; and

(iii) omit “or 13(5) has been served”.

(b) omit paragraph (2); and

(c) in paragraph (4), for “a three member” substitute “an”.

Section 13 Amendments to the 2004 Rules

In rule 20 (the decision), for “7” substitute “14”.

Section 14 Transitional provision

The amendments made by these Rules do not apply in relation to any hearing which begins prior to 1 st April 2009. For the avoidance of doubt, any hearing which begins prior to 1 st April 2009, and is adjourned to 1 st April 2009 or later, is a hearing to which the amendments made by these Rules do not apply.