Crime Solicitors

The new Parole Board Rules laid before Parliament on 1 November 2016 come into force on Tuesday (22/11/16).

The Parole Board Rules have been revised to give effect to a ministerial decision to allow the release of IPP prisoners without an oral hearing – and to align the Rules more closely with current operational processes, in particular the Member Case Assessment process introduced in 2014, under which all cases undergo an initial assessment by a single member at the paper stage.

The new Rules will also update and clarify the language and drafting – and will allow greater flexibility as to the member who makes decisions and deals with applications at different stages in the parole process.

The Parole Board Rules 2011 and 2014 Amendment Rules have been revoked and the 2016 Rules apply to all cases referred to the Board.

Cases already referred before the date on which the Rules came into force will continue under the new Rules.

Key points of the new Rules include a change to Rule 8 (withholding information or reports/non-disclosure), which does not change the substance of the non-disclosure application process, but now sets it out in more detail.

For instance, the requirement for the prisoner’s representative to give an undertaking is now express; time periods for parties to appeal, file representations on appeals – and for the Secretary of State to withdraw – have been limited to seven days, although this may be extended, if appropriate.

Members of the Parole Board have an express power to make directions to enable determination of the application, for example to obtain more information.

There has been no change to the grounds for non-disclosure or the test.

Rule 9 (representations by and evidence of the parties) provides a process for parties when evidence is submitted less than 14 days before the hearing – and evidence submitted less than 14 days before the hearing will be accepted at the discretion of the chair, with parties being required to give reasons for lateness (which could be done orally at the hearing).

When considering whether to accept evidence, members need to consider fairness to the prisoner – and if a member specifies a later deadline, that deadline would override this rule. The Parole Board says this rule change addresses a gap in the process and is intended to encourage parties to submit evidence on time. It is not intended to create a bottleneck and parties/stakeholders will take time to adjust to this rule.

Details of other changes to Rules 12, 13 and 14 are available at GOV.UK.


Duncan Lewis Criminal Lawyers

Duncan Lewis criminal lawyers can advise at any stage of a criminal charge – and can also advise on prisoners’ rights in custody, including appeals against conviction and sentencing, applications to the Parole Board, licensing conditions, disciplinary hearings before the governor and compensation for injuries sustained in unprovoked attacks in prison.

There are Duncan Lewis offices across England and Wales – and our criminal defence lawyers regularly attend police stations, courts and prisons to advise on criminal law, as well as advising on miscarriages of justice.

For expert legal advice on all criminal charges and prisoners’ rights, call Duncan Lewis criminal lawyers on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0607.