Parole Board (Scotland) Rules 2001 changes: consultation

Consultation on modernising the 2001 rules to ensure that they are fit for purpose. Additionally there is a need to consider some new rules for certain procedures.

6. Question Summary – Comments Form

Questions from section 4

Non-disclosure of Information

1. Do you agree or disagree that provision should be made forthe appointment of a special advocate to represent the prisoner's interests in the consideration of the damaging information being withheld?

2. Do you agree or disagree with the additional reason for information to be withheld from the prisoner if the interests of national security are at risk?


Matters to be taken into Account by the Parole Board


3. Do you agree or disagree that there should be a provision which asks the Parole Board to consider the failure to reveal a victim's body as a specific matter they should consider?

4. Do you agree or disagree with the change of term from 'may consider' to 'must (where relevant) consider' in this specific rule?


Observation of a Parole Hearing Questions

5. Do you agree or disagree that only victims registered on part 2 should be contacted in regards to observing parole hearings?

6. Should the redacted/anonymised decision minute be sent to all victims registered with the scheme or only victims registered with part 2 of the scheme?


Questions from Section 5

Order for Lifelong Restriction Questions

7. Do you agree or disagree that provision should be made in the rules making clear the Parole Board must consider the most up to date risk management plan which has been approved by the Risk Management Authority and that an up-to-date plan should always be available, where it has been prepared by the lead authority?

8. Do you agree or disagree that the decision note should provide the rationale for the reasons to release when the reasons are contrary to the rick management plan and that provision should be included in the rules?


Reviewing a Decision Questions

9. Do you agree or disagree with the proposal to allow a review of a Parole Board decision if:

  • additional information or documentation becomes available,
  • the decision is procedurally unfair, or
  • the decision was irrational

10. Are there any other circumstances which you consider a review of the decision should be available?


Prisoner Representation Question

11. Do you agree or disagree, that if a prisoner lacks capacity to make decisions for themselves the Parole Board should be able to appoint a representative for them without their agreement?


Preparation for a Parole Hearing Question

12. Do you agree or disagree with the proposal to include a check list to assist the individual to be in the best state of preparation in order to fullyparticipate in a parole hearing?




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