PART 3Proceedings without a hearing relating to the initial release of a prisoner serving an indeterminate sentence

Consideration by single member

16.—(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 release

17.—(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 panel

18.  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.