Guidance

Setting aside a decision

Setting aside a Parole Board decision

• From: Parole Board
• Published: 12 July 2022
• Last updated: 28 October 2022 — See all updates

Applies to England and Wales

Documents

Setting aside guidance

PDF, 220 KB, 16 pages

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Setting Aside Application Form

PDF, 135 KB, 7 pages

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Details

The Parole Board set aside process commenced on 21 July 2022. Decisions will be published on Bailii so that people can see the decision making that goes into each request by the Parole Board members specially trained to do this work.

In line with the Parole Board’s aim for transparency, all decisions will be published at the conclusion of the relevant proceedings. Please note, any sensitive information will be redacted prior to publication.

Reasons why a decision can be set aside

The set aside process gives parties the right to ask for a final parole decision to be looked at again by the Parole Board if:

• It is considered that there has been an error of law or fact; or
• For release decisions, where new information has come to light that was available at the time but not shared with the panel, or there has been a change in circumstances after the decision was made.

Only the parties to the proceedings (Secretary of State and the prisoner) can make an application to set aside a final decision. Victims can only request that the Secretary of State make an application for the decision to be set aside. The Parole Board can also apply to set aside a decision on its own initiative if one of the circumstances (set out above) is met.

The decision under challenge must be a final decision and relate to whether the prisoner should be released or not released. A decision regarding a recommendation for open conditions or any other advice is not eligible for the set aside process.

How to make an application

The Parole Board’s set aside page has more information on how and when you can request for a Parole Board decision to be set aside. All applications must be sent to [email protected]

Published 12 July 2022
Last updated 28 October 2022 + show all updates

1. 28 October 2022

   Updated guidance has been added to the page.

2. 12 July 2022

   First published.