Overview

The new Parole Board rules make it possible for public parole hearings to be held in some cases where it is in the interest of justice.

The Chair of the Board will decide whether it is in the interest of justice for a hearing to be held in public.

The prisoner, victim, the media or the wider public may now make an application requesting that a case be heard in public.

The normal position will be for parole hearings to remain in private. This is because it is of paramount importance that witnesses are able to give their best evidence in an environment where open and honest discussion can take place. Furthermore, evidence may relate to highly personal matters including serious medical conditions and evidence that may be distressing to victims. This frank and honest evidence is essential to inform effective decision making. A public hearing might compromise the Parole Boards ability to carry out its core function, which is to assess risk on all the evidence, if this frank and honest evidence cannot be taken. If that is the case, it might impair effective decision making.

There must be a good reason or reasons to justify a departure from the general rule. Applicants will need to set out their reasons in writing as to why it is in the interests of justice that the case should be heard in public as opposed to remaining in private. Victims will also have the right to apply to observe a Parole hearing, which will still be held in private. At present, there is a test taking place for this in one region, with plans for this to be rolled out nationally.

Where there is an application for a parole review to be made public, the decision will be taken after inviting and considering any written submissions from the applicant and the parties. In taking the decision the Chair will balance the weight to be given to the competing factors and then decide whether the departure from the general rule is justified on the grounds of the interests of justice.

Factors to consider

The Chair will also be able to take into account the potential for parts of a public hearing to be held in private, if that would better enable frank and honest evidence to be given.

Any application for an oral hearing to be held in public may not be made later than 12 weeks before the date allocated for the oral hearing.

The following are a non-exhaustive list of factors that may be relevant to the decision. The list is not indicative of the order of importance which will depend upon an assessment of the particular case :

• whether there are any particular special features in the case (which set it apart from other cases) which may add to proper public understanding of the Parole system and public debate about it and which particularly warrant a public hearing.

• the wishes of the victim (s).

• any risks of undue emotional stress and/or re-traumatisation of the victims including an adverse effect upon the mental health of the victim or the victims family in the short or long term. .

• the victims right to attend parts of the hearing in any event.

• the (informed) wishes of the prisoner.

• any particular vulnerability of the prisoner by reason of age and/or mental disorder.

• any risks to the safety of the prisoner.

• any risks of undue emotional stress to the prisoner.

• the Parole Boards power to exclude witnesses from the hearing and/or hold part of the proceedings in private where evidence is especially personal, confidential or sensitive.

• any difficulties in confining personal, confidential or sensitive to a private part of the hearing.

• any proper concerns about the quality of evidence including the importance of witnesses ( including the prisoner) having the ability to give their best evidence

• any significant risks of inhibiting open and honest discussion during the hearing.

• the availability of summaries to the public in any event.

• the ability to make practical arrangements for a public hearing without a disproportionate burden upon the Parole Board.

Any decision as to whether to hold a hearing in public can be varied if there is a material change in the relevant circumstances.

Application

To apply for a Parole hearing to be held in public, please complete the form on this page.

Once youve filled in the attached form, you need to send it to the Parole Board Chair by email or post:

• Email: chair@paroleboard.gov.uk

• By Post:

Parole Board Chair

3rd Floor

10 South Colonnade

London

E14 4PU

It is recommended that you send the form by email because it is quicker.