Made | 11th September 2001 | ||
To be laid before Parliament | 2001 | ||
Coming into operation | 8th October 2001 |
1. | Title and commencement |
2. | Application and interpretation |
3. | Appointment and functions of panels of Commissioners |
4. | Notice of referral and listing |
5. | Representation |
6. | General powers of the Commissioners |
7. | Oral hearing |
8. | Notice of hearing |
9. | Location and privacy of hearings |
10. | Hearing procedure |
11. | Directions |
12. | Adjournment |
13. | The decision |
14. | Information and reports by the Secretary of State |
15. | Non-disclosure of confidential information |
16. | Special advocates |
17. | Evidence of the prisoner |
18. | Further evidence and information |
19. | Witnesses |
20. | Time |
21. | Transmission of documents etc |
22. | Irregularities |
23. | Clerical mistakes and slips |
24. | Recalled prisoners |
Schedule 1 - | Information and reports for submission to the Commissioners by the Secretary of State on a reference to the Commissioners under Article 6 of the Order. |
Schedule 2 - | Information and reports for submission to the Commissioners by the Secretary of State on a reference to the Commissioners under Article 9(4) of the Order. |
(3) Subject to rule 11, the Commissioners, in deciding whether to grant their consent in accordance with paragraph (2), may require the prisoner and his proposed representative to provide to them such evidence, whether oral or written, including prison licence documentation and criminal records, as they consider necessary to enable them to make a direction.
(4) Any person detained under the Mental Health (Northern Ireland) Order 1986[3] may not act as a representative of the prisoner.
(5) Within 3 weeks of the case being listed, a party shall notify the Commissioners and the other party of the name, address and occupation of any person appointed in accordance with paragraph (1).
(6) Where the prisoner has not appointed a representative, the Commissioners may, with his consent, appoint an eligible person to act on his behalf.
(7) Where a party appoints a new representative or the name, address or occupation of his representative changes, he shall serve written notice giving details of the changes on the Commissioners and on the other party within 7 days of his appointing the new representative or becoming aware of the changes.
(8) A party may apply, in accordance with the procedure set out in rule 19(1) and (2), to be accompanied at the hearing by such other person or persons as he wishes, in addition to any representative he may have appointed; but before granting any such application the Commissioners shall obtain the agreement of: -
General powers of the Commissioners
6.
- (1) Subject to the provisions of these rules, the Commissioners may regulate their own procedure in dealing with each case as they consider appropriate.
(2) The Commissioners shall make available to the prisoner, to the Secretary of State, and to their representatives information regarding any procedures they adopt pursuant to paragraph (1).
(3) The Commissioners may deal with cases in the order they consider appropriate save that it shall so far as is practicable to do so, give priority to the consideration of cases where the person concerned is a recalled prisoner.
(4) Where a prisoner's case has been referred to the Commissioners by the Secretary of State and the Commissioners think it necessary to interview the prisoner they may authorise one of their members to interview him, with his consent, and shall consider the report of the interview made by that member.
(5) A copy of the report of the interview prepared under paragraph (4) above shall be made available to the prisoner and the Secretary of State.
(4) Subject to rule 18 the parties may not, without leave of the panel, make submissions or rely on or refer to documents, information or evidence which do not appear in substance in the case papers.
(5) The panel may require any person present at the hearing who is, in their opinion, behaving in a contemptuous or disruptive manner to leave and may permit him to return, if at all, only on such conditions as they may direct.
(6) The panel may receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law but no person shall be compelled to give evidence or produce any document which he could not be compelled to give or produce on the trial of an action in the High Court.
(7) The panel shall require the prisoner, any witness appearing for him and any other person they think appropriate, to leave the hearing where argument is being heard or evidence is being examined which includes or relates to information or reports withheld from the prisoner or others under rule 14(2).
(8) The panel shall require the prisoner, his representative, any witness appearing for him and any other person they think appropriate, to leave the hearing where argument is being heard or evidence is being examined which includes or relates to confidential information which has not been made available to the prisoner or any other person under rule 15.
(9) After all the evidence has been heard, the prisoner shall be given a further opportunity to address the panel.
Directions
11.
- (1) Subject to paragraph (2), the chairman of the panel may give, vary or revoke directions for the conduct of the case allocated to his panel, including directions in respect of matters such as: -
and following his appointment under rule 3, the chairman of the panel shall consider whether such directions need to be given at any time.
(2) Directions under paragraph (1) may be given, varied or revoked either: -
(3) Within 7 days of making a direction under paragraph (2) the chairman of the panel shall serve on the parties such direction which shall be recorded in writing with reasons and dated and signed by him.
(4) Within 14 days of being notified of a direction given under paragraph (3) either party may appeal to the panel by serving a written notice of appeal on both the panel and the other party stating the grounds of the appeal.
(5) Within 7 days of being served with a notice of appeal under paragraph (4) the other party may in reply make written representations on the appeal which shall be served on the panel and the party moving the appeal.
(6) The panel shall consider the written representations of the parties.
(7) After considering the written representations made under paragraph (6) the panel may make a direction: -
(8) Subject to paragraph (9), a preliminary hearing shall be conducted in accordance with rule 9.
(9) The panel may hold the preliminary hearing in the absence of the prisoner at a location other than the prison or other place of detention where the prisoner is detained.
(10) The direction of the panel made under paragraph (7) shall be final and shall be recorded in writing with reasons, dated and signed by the chairman of the panel, and served on the parties not more that 7 days after the date of the making of the direction.
Adjournment
12.
- (1) The panel may at any time adjourn a hearing by way of direction for any purpose they consider appropriate.
(2) On adjourning any hearing, the panel shall give such directions as they consider appropriate for ensuring the prompt consideration of the case at a resumed hearing.
(3) In any case where a hearing is adjourned without a resumed hearing date having been fixed by way of a direction given under paragraph (2), the panel shall give the parties not less than 14 days notice, or such shorter notice to which all parties may consent, of the date, time and place of the resumed hearing.
The decision
13.
- (1) Any decision of the majority of the panel shall be the decision of the panel.
(2) The decision of the panel shall be recorded in writing with reasons, dated and signed by the chairman of the panel, and communicated in writing to the parties not more than 7 days after the end of the hearing.
(2) Any part of the information or reports referred to in paragraph (1) which, in the opinion of the Secretary of State, should be withheld from the prisoner on the ground that its disclosure would adversely affect the health or welfare of the prisoner or others, shall be recorded in a separate document and served only on the Commissioners together with the reasons for believing that its disclosure would have that effect.
(3) Where a document is withheld from the prisoner in accordance with paragraph (2), it shall nevertheless be served as soon as practicable on the prisoner's representative if he is: -
provided that no information disclosed in accordance with this paragraph shall be disclosed either directly or indirectly to the prisoner or to any other person without the authority of the chairman of the panel.
Non-disclosure of confidential information
15.
- (1) This rule applies where the Secretary of State certifies as confidential information any information, document or evidence which, in his opinion, would if disclosed to the prisoner or any other person be likely to: -
and any such information, document or evidence is referred to in these rules as confidential information.
(2) The Commissioners nor a special advocate shall not in any circumstances disclose to or serve on the prisoner, his representative or any witness appearing for him, any confidential information and shall not allow the prisoner, his representative or any witness appearing for him to hear argument or the examination of evidence which relates to any confidential information.
(3) Where the Secretary of State has certified information as confidential, he shall, within 7 days of doing so, serve on the prisoner and on the Commissioners, whether by way of inclusion with the case papers or otherwise, written notice of this stating, so far as he considers it possible to do so without causing harm of the kind referred to in paragraph (1), the gist of the information he has thus withheld and his reasons.
Special advocates
16.
- (1) On receiving a certificate of confidential information under rule 15, the chairman of the panel shall inform the Attorney General of the proceedings before the panel, with a view to the Attorney General, if he thinks fit to do so, appointing a special advocate to represent the interests of the prisoner.
(2) The function of the special advocate is to represent the interests of the prisoner, as mentioned by paragraph (1), by: -
(3) Except in accordance with paragraph (4) a special advocate may not communicate directly or indirectly with the prisoner whose interests he has been appointed to represent on any matter connected with the case before the panel.
(4) A special advocate may seek directions from the panel authorising him to seek information in connection with the case from the prisoner whose interests he has been appointed to represent.
(5) In paragraph (4) a reference to a prisoner whose interests he has been appointed to represent includes the representative of the prisoner.
Evidence of the prisoner
17.
- (1) Where the prisoner wishes to make representations about his case, he shall serve them on the Commissioners and the Secretary of State within 14 weeks of the case being listed.
(2) Any other documentary evidence that the prisoner wishes to adduce shall be served on the Commissioners and the Secretary of State at least 4 weeks before the date of the hearing.
Further evidence and information
18.
- (1) Following receipt of the papers from the parties, the Commissioners may request either party to produce further evidence or information on any topic relevant to the conduct or determination of the case and may stay the progress of the case until a response to their request has been received.
(2) Subject to rules 14(2) and 15, any further evidence or information produced under paragraph (1) shall be served by the party responding on the Commissioners and on the other party.
(3) A party may not supplement or add to case papers, response papers or further evidence and information produced and served under this rule without the leave of the Commissioners, or, after the allocation of a case to a panel, the chairman of the panel.
Witnesses
19.
- (1) Where a party wishes to call witnesses at the hearing, he shall make a written application to the Commissioners, a copy of which he shall serve on the other party within 16 weeks of notification of listing, giving the name, address and occupation of the witnesses he wishes to call and the substance of the evidence he proposes to adduce.
(2) The chairman of the panel may grant or refuse an application under paragraph (1) and shall communicate within 7 days his decision to both parties, giving reasons in writing, in the case of a refusal, for his decision.
(2) Service of any document required to be served or otherwise transmitted under these rules may be effected by FAX where: -
(3) Where the FAX is transmitted on a working day before 5.00 pm it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the working day next following.
(4) In this rule "FAX" means the making of a facsimile copy of a document by the transmission of electronic signals.
Irregularities
22.
Any irregularity resulting from a failure to comply with these rules, or with any rule of practice for the time being in force, which occurs before a panel has determined a case shall not of itself render the proceedings void, unless the Commissioners or a panel shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Commissioners or the panel shall think fit.
Clerical mistakes and slips
23.
Clerical mistakes in any document recording decisions under these rules, or errors arising in such document from an accidental slip or omission, may be corrected by the chairman of the panel by certificate under his hand or, with the consent of the parties, by written certification of the Commissioners.
John Reid
One of Her Majesty's Principal Secretaries of State
Northern Ireland Office
11th September 2001
4.
An up-to-date report prepared for the Commissioners by a Probation Officer, including any reports on the following: -
5.
Any interview report prepared at the direction of the Commissioners under rule 6(4).
6.
Any other information which the Secretary of State considers relevant to the case and wishes to draw to the attention of the Commissioners.
Rule 21 provides for the service of documents on the Secretary of State at Northern Ireland Prison Service Headquarters. The current address to which these documents should be addressed is: -
[2] S.I. 1978/1908 (N.I. 27)back
[3] S.I. 1986/595 (N.I. 4)back