The Parole Board (Amendment) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/408 |
| Year | 2009 |
2009 No. 408
Prisons, England And Wales
The Parole Board (Amendment) Rules 2009
Made 25th February 2009
Laid before Parliament 2nd March 2009
Coming into force 1st April 2009
The Secretary of State, in exercise of the power conferred by section 239(5) of the Criminal Justice Act 20031, makes the following Rules:
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Parole Board (Amendment) Rules 2009 and shall come into force on 1st April 2009.
(2) In these Rules, “the 2004 Rules” means the Parole Board Rules 20042.
Amendments to the 2004 Rules
The 2004 Rules are amended as follows.
2. The 2004 Rules are amended as follows.
3. 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”.
4. 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”.
5. 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).
6. 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”.
7. In rule 9 (adjournment), in paragraph (3) for “a three member” substitute “an”.
8. 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.”
9. 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”.
10. 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,”.
11. 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...
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