Parole Board (Scotland) Rules 2001 changes: consultation

2. Introduction

The Parole Board (Scotland) Rules 2001

2.1 The procedure under which the Parole Board considers cases is determined by the Parole Board (Scotland) Rules 2001, as amended ("the 2001 Rules"). There are currently two main routes of consideration - either part III cases (which can be casework considerations, but may also involve an oral hearing) or part IV cases (tribunal considerations, in which an oral hearing is held unless all parties agree otherwise).

2.2 The rules set out, among other things: the dates at which certain steps must take place, the information to be available to the Parole Board and to the parties, and the means by which the Board and the parties may determine or request certain aspects of the case to be handled.

2.3 The 2001 rules are now some 20 years old and have undergone multiple amendments in that time which has led to them being more complex and inaccessible. They are in need of change to make them more understandable and fit for purpose. In addition, as things have changed there is a need to consider some new rules for certain procedures.

2.4 The Scottish Government is committed to modernising and simplifying the 2001 rules and this consultation focuses on the main changes and new additions that will be provided in the updated rules, for which we are seeking your views. In addition, the new rules will be aligned so as common procedures in the current part III [casework considerations] and part IV [tribunal considerations], will be merged to apply to both parts. There will also be some changes to the language and structure used in order to simplify and provide clarity but the substance of these changes will remain the same. In some areas different procedure may still apply to determine how particular types of case are considered e.g. whether a case is determined on papers or via a hearing. However, the procedures and powers available to the Board will be simplified wherever possible, in particular by ensuring a common procedure is used for oral hearings.