Parole Board (Scotland) Rules 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2225 |
| Year | 1993 |
1993No. 2225 (S.235)
PRISONS, SCOTLAND
The Parole Board (Scotland) Rules 1993
9thSeptember1993
10thSeptember1993
1stOctober1993
ARRANGEMENT OF RULES
PART I
introduction
1. Citation and commencement
2. Interpretation
PART II
general
3. Application
4. Reference
5. Secretary of State's dossier
6. Non disclosure of information
7. Representations
8. Matters to be taken into account by the Board
9. Confidentiality
10. Time
11. Sending of documents etc
12. Irregularities
PART III
provisions applying to non-tribunal cases
13. Application
14. Composition of Board
15. Procedure
16. Decision
PART IV
provisions applying to tribunal cases
17. Application
18. Composition of tribunal
19. General procedure
20. Hearing
21. Notice of hearing
22. Representative
23. Witnesses
24. Other persons accompanying a party
25. Attendance at hearing
26. Procedure at hearing
27. Decision
The Secretary of State, in exercise of the powers conferred upon him by section 20(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 ( a), and of all other powers enabling him in that behalf, hereby makes the following Rules:
PART I
INTRODUCTION
Citation and commencement
1. These Rules may be cited as the Parole Board (Scotland) Rules 1993 and shall come into force on 1st October 1993.
Interpretation
2.-(1) In these Rules, except where the context otherwise requires-
"the Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993;
"the Board" means the Parole Board for Scotland and includes, in relation to any case which is authorised by rule 14(2), 15(3) or 18(1) to be dealt with, in whole or in part, by a specified number of members of the Board, those members and any tribunal formed by those members under rule 18;
"case" shall be construed in accordance with paragraph (2) of this Rule and, in any Part of these Rules, means a case to which that Part applies;
"the chairman of the Board" means the chairman of the Board appointed under paragraph 1 of Schedule 2 to the Act but does not include the chairman of a tribunal;
"the chairman of a tribunal" means the chairman of a tribunal appointed under Rule 18(2);
"damaging information" shall be construed in accordance with Rule 6(1);
"Part IV case" means a case to which Part IV of these Rules applies by virtue of Rule 17;
"parties", in relation to a Part IV case, means the Secretary of State and the prisoner;
"person concerned", in relation to a case, means the person to whom the case relates;
(a) 1993 c.9.
"prisoner", in relation to a Part IV case, means-
(a) a discretionary life prisoner within the meaning of section 2 of the Act; and(b) a prisoner who is treated as such a discretionary life prisoner under or by virtue of section 10(1) or (3) or (5) of, or paragraph 6 of Schedule 6 to, the Act; and"tribunal" means a tribunal formed under Rule 18.
(2) Any reference in these Rules to a case or to the case of a person which is to be, or is being, dealt with by the Board means any case relating to a person in which the Board is to consider, or is considering any of the following matters, namely:-
(a) whether to recommend the release on licence of that person under or by virtue of section 1(3) or (4) or 6(2) or 7(2) of the Act;(b) whether to direct the release on licence of that person under or by virtue of section 2(4) of the Act;(c) what advice to give to the Secretary of State when consulted by him under or by virtue of section 3(2) of the Act about the release of that person on licence on compassionate grounds;(d) what recommendations to be made under or by virtue of section 12(3)(a) of the Act as to the conditions to be inserted in the licence of a discretionary life prisoner;(e) what advice to give to the Secretary of State when consulted by him under or by virtue of section 12(3) of the Act about a proposal to insert, vary or cancel a condition in the licence granted to that person (but this shall not include any case where the Secretary of State is treated, by virtue of section 12(4) of the Act, as having consulted the Board about such a proposal);(f) whether to recommend the revocation of that person's licence and his recall to prison under section 17(1) of the Act; and(g) whether to make a direction as to that person's immediate release on licence under section 17(4) of the Act.(3) Any reference in these Rules to a numbered rule or to a numbered Schedule means, unless the context otherwise requires, a reference to the Rule or the Schedule bearing that number in these Rules and any reference in a Rule to a numbered paragraph means, unless the context otherwise requires, a reference to the paragraph bearing that number in that Rule.
PART II
GENERAL
Application
3.-(1) Subject to paragraph (2) and except where otherwise expressly provided, this Part of these Rules shall apply to every case.
(2) In the application of this Part of the Rules to a case where the Board is to consider, or is considering, whether to recommend the revocation of a person's licence and his recall to prison under section 17(1) of the Act-
(a) Rules 4 and 7 shall not apply;(b) in Rule 5(1), the Secretary of State shall not be required-(i) to include in the dossier which he sends to the Board all the information and documents specified in the Schedule to these Rules but only such as may be available to him at the time when he sends the dossier to the Board; or(ii) to send the dossier to the person concerned; and(c) for the purposes of Rule 8(e), the Board may take into account in dealing with the case of that person, any information or documents contained in that dossier even although the person concerned has not received a copy of, or been given any opportunity to make written representations upon the dossier.Reference
4. Where a case of a person is referred to the Board by the Secretary of State, whether under section 1(5) or 2(5) or (6) of the Act or otherwise, the Secretary of State shall, at the same time as referring the case, give written notification of that reference to that person.
Secretary of State's dossier
5.-(1) Subject to paragraph (2) and Rule 6, not later than 2 weeks after the date of the reference of the case to the Board, the Secretary of State shall send to the Board and to the person concerned a dossier containing any information in writing or documents which he considers to be relevant to the case, including the information and documents specified in the Schedule to these Rules.
(2) In relation to a Part IV case-
(a) which is referred to the Board before 1st April 1994; and(b) where the person concerned is a prisoner who is treated as a discretionary life prisoner under or by virtue of paragraph 6 of Schedule 6 to the Act,paragraph (1) shall apply as if there were substituted for the reference to 2 weeks a reference to 12 weeks.
Non disclosure of information
6.-(1) This Rule applies where the Secretary of State considers that any written information or document contained in a dossier sent to the Board under Rule 5(1) or otherwise given to the Board should not be sent or disclosed to the person concerned because its disclosure would be likely to be damaging on one or more of the following grounds, namely:-
(a) that it would be likely adversely to affect the health, welfare or safety of that person or any other person;(b) that it would be likely to result in the commission of an offence;(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders;(e) that it would be likely otherwise to damage the public interest,and any such information or document is referred to in these Rules as "damaging information" .
(2) Where this Rule applies in any case-
(a) the Secretary of State shall not be required to send a copy of the damaging information to the person concerned, whether under Rule 5(1) or otherwise;(b) the Board may take such damaging information into account under Rule 8(e) even although it has not been disclosed to the person concerned; and(c) the Secretary of State shall send to the person concerned a written notice-(i) informing him that certain information which has been sent to the Board has not been sent to him because the Secretary of State considers that the disclosure of that information would be likely to be damaging on one or more of the grounds mentioned in...To continue reading
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