Guidance

Oral Hearings (December 2023 v2.1)

Revised Guidance on Oral Hearings

• From: Parole Board
• Published: 7 February 2024
• Last updated: 7 December 2022 — See all updates

Applies to England and Wales

Documents

Oral Hearings (December 2023 v2.1)

PDF, 575 KB, 78 pages

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Details

This guidance is for Parole Board members carrying out Oral Hearing work. An oral hearing takes place for those cases where oral evidence is needed in addition to the written material in the dossier and/or when the principles of fairness set out in the case of Osborn, Booth & Reilly [2013] UKSC 61 require it.

A hearing provides the opportunity to take oral testimony and to test evidence in support of an independent assessment of risk of serious harm and its manageability in the community. It can also be an opportunity for a prisoner to talk directly to parole decision-makers.

The Oral Hearing Guidance provides detailed best practice information covering the administration and conduct of oral hearings, including:

• The roles and responsibilities of those involved in a hearing;
• Pre-hearing practice;
• Practicalities on the day of the hearing
• The hearing itself; and
• After the hearing.

This has been revised to reflect:

• The Secretary of State’s Directions on Open Conditions of 1 August 2023.
• The judgment in the case of Dich and Murphy [2023] EWHC 945 (Admin)
• The judgment in the case of Pearce [2023] UKSC 13 on appeal from [2022] EWCA Civ 4.
• Witnesses can give professional opinions on the prisoner’s suitability for release or move to open.
• Witnesses joining oral hearings from abroad.
• Changes in practice when conducting oral hearings due to prison staff work pattern (paragraph 5.40)
• Secretary of State’s single view becomes Secretary of State’s view.
• Victims can read VPS where an application for it to be read at oral hearing has been accepted and the case has been concluded under rule 21.

This replaces all previous Parole Board guidance on Oral Hearings.

Published 7 February 2024
Last updated 7 December 2022 + show all updates

1. 7 February 2024

   First published.

2. 7 December 2022

   This has been updated to reflect the most up to date Oral Hearing Guidance.