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  4. Views sought on reforms to Parole Board rules

Views sought on reforms to Parole Board rules

25th July 2022 | criminal law | Criminal legal aid

Proposed reforms to the Parole Board for Scotland's procedure rules have been put out to consultation.

The Scottish Government is committed to modernising and simplifying the current rules, the Parole Board (Scotland) Rules 2001, as amended, to ensure that they are fit for purpose. In addition, there is a need to consider some new rules for certain procedures.

The consultation focuses on these topics:

  • a new procedure for handling non-disclosure information (disclosure of which might result in harm to an individual, or affect police intelligence or national security), with the appointment of a special advocate;
  • adding refusal to disclose the location of a victim’s body as a matter the Board must (rather than may) consider, where relevant;
  • altering the victim notification scheme so that only victims who have requested to have information about parole hearings (as opposed to the release of an offender) will be contacted in advance with the opportunity to observe a hearing, as some victims do not welcome such contact;
  • additional specification in the rules for prisoners subject to an order for lifelong restriction;
  • a new procedure to allow the Board to review a decision, with a decision being provisional for a period and becoming final unless an application is made for review, which would have to be within 28 days and on certain grounds;
  • a new procedure for prisoners who lack capacity to appoint a representative, with the Board being able to appoint one; and
  • the addition of a checklist to the dossier to check the prisoner’s preparation for the hearing.

Access the consultation here. The closing date for responses is 12 October 2022.

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