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The Parole Board Rules 2019 – Challenging a parole decision

There have been changes to the Parole process over recent months.  One of the most significant changes is that you can now challenge a Parole Board decision that was made on or after 29th July 2019.

Who does it apply to and what are the criteria?

The ability to challenge a Parole Board decision applies to the following –

  • Indeterminate sentence prisoners
  • Extended sentence prisoners
  • Certain determinate sentence prisoners – here, initial release is at the discretion of the Parole Board.

Those serving the above sentences who are recalled on licence.

Grounds for appeal?

To be successful, it must be shown that the decision is either procedurally unfair or that the decision is irrational.  This means that something in the process of the review must have been wrong or that the way in which the Parole Board reached their decision was incorrect.

An application must be made within 21 days of the initial decision being issued to all parties.

What could the outcome be?

If successful, it will lead to a further review of the case, either on papers or at an oral hearing.

If unsuccessful, the original decision will stand.

Those seeking to challenge a Parole Board decision should contact Lisa Carney on 01325 289480 who will advise on whether there are grounds to appeal.   Should you have been through the Parole Board process without the benefit of legal representation, legal aid is available, subject to means, to obtain advice on challenging a decision.