PART 3Proceedings without a hearing relating to the initial release of a prisoner serving an indeterminate sentence
Consideration by single member16
1
Within 14 weeks of a case being referred to the Board, a single member shall consider the case without a hearing.
2
The single member shall either—
a
decide that the case should be referred to an oral panel; or
b
make a provisional decision that the prisoner is unsuitable for release.
3
The decision of the single member shall be—
a
recorded in writing with reasons for the decision; and
b
provided to the parties within a week of the date of the decision.
Provisional decision against release17
1
Where a single member has made a provisional decision under rule 16(2)(b) that a prisoner is unsuitable for release, the prisoner may request that an oral panel hear the case.
2
A prisoner who requests a hearing shall, within 19 weeks of the case being referred to the Board, serve notice giving full reasons for their request on the Board and the Secretary of State.
3
If no notice has been served in accordance with paragraph (2) after the expiry of the period permitted by that paragraph, the provisional decision shall—
a
become final; and
b
be provided to the parties within 20 weeks of the case being referred to the Board.
4
If notice is served in accordance with paragraph (2), a single member shall decide whether or not to hold a hearing.
5
The single member who made the provisional decision under rule 16(2)(b) that a prisoner is unsuitable for release may not in the same case decide whether to grant a hearing requested by the prisoner under paragraph (1).
Consideration by an oral panel18
Where a single member has referred a case to an oral panel for consideration under rule 16(2)(a) or where a hearing has been ordered pursuant to a request under rule 17(1), the case shall be considered by an oral panel within 26 weeks of the case being referred to the Board.