Challenging Parole Board decisions
Produced in partnership with Andrew Spurling and Elaine Macdonald of SL5 Legal of Tuckers Solicitors
Challenging Parole Board decisions

The following Corporate Crime practice note Produced in partnership with Andrew Spurling and Elaine Macdonald of SL5 Legal of Tuckers Solicitors provides comprehensive and up to date legal information covering:

  • Challenging Parole Board decisions
  • Scope of Parole Board decisions
  • The Parole Board Rules
  • Challenging decisions during an ongoing Parole Review
  • Directions from the Secretary of State
  • Withholding disclosure of information from prisoners
  • Decisions of the Parole Board
  • Oral hearings: lifers
  • Oral hearings: determinate recalls and extended sentences
  • Recording oral hearings
  • More...

Scope of Parole Board decisions

The Parole Board makes decisions on:

  1. the release of life and indeterminate sentence prisoners

  2. the transfer of such prisoners to open conditions prior to release

  3. the release of extended sentence prisoners

  4. the release of ‘offenders of particular concern’ (SOPC sentences)

  5. the release of prisoners serving ‘TORERA’ sentences (Terrorist Offenders (Restriction of Early Release) Act 2020)

  6. the recall of offenders on licence

  7. the re-release of offenders on licence following recall

For more information on sentencing generally, see Practice Notes: Sentences and the power to vary a sentence, Custodial sentences available for adult offenders, Mandatory life sentences, Discretionary life sentences and Sentencing dangerous offenders.

For more information on the functions of the Parole Board, see Practice Note: Functions of the Parole Board and guidance issued by the Parole Board.

The Parole Board Rules

The Secretary of State for Justice is empowered to make rules with respect to the proceedings of the Parole Board.

The Parole Board Rules 2019, SI 2019/1038 apply to all cases and direct applications before the Parole Board from 22 July 2019.

Practitioners should have regard to the rules when advising on a potential challenge to a Parole Board decision.

The Parole Board Rules are themselves susceptible to judicial review.

Note that, in 2018, the High Court (on a judicial review), found that rule 25 under the 2016 version of the Parole Board Rules (no longer

Popular documents