Part 1 - Introductory

Title and Commencement

1. These rules may be cited as the Parole Commissioners’ Rules 2009 and shall come into operation on 1 April 2009.

Application and Interpretation

2. (1) Subject to rules 25, 26 and 31(1) these rules apply where a prisoner’s case is referred to the Commissioners under Articles 6 or 9(4) of the 2001 Order or Articles18 or 28(4) of the 2008 Order.

(2) In these rules—

  • “the 2001 Order” means the Life Sentences (Northern Ireland) Order 2001;
  • “the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;
  • “the 2001 Rules” means the Life Sentence Review Commissioners’ Rules 2001
  • “case papers” means those documents, materials and papers submitted by the parties under rules 8, 10 and 25(b);
  • “chairman of the panel” means chairman of the panel nominated under rule 12(2);
  • “Chief Commissioner” means the Chief Commissioner appointed under paragraph 1(4) of Schedule 4 to the 2008 Order;
  • “Commissioners” means the Parole Commissioners, appointed under paragraph 1(1) of Schedule 4 to the 2008 Order ;
  • “deputy Chief Commissioner” means the deputy Chief Commissioner appointed under paragraph 1(5) of Schedule 4 to the 2008 Order;
  • “extended custodial prisoner” means a person serving one or more sentences as defined under Article 14 of the 2008 Order;
  • “hearing” includes consideration of a prisoner’s case by a single Commissioner;
  • “indeterminate custodial prisoner” means a person serving one or more sentences as defined under Article 13(4) of the 2008 Order;
  • “life prisoner” means a life prisoner as defined under Article 2 of the 2001 Order;
  • “panel” means a panel of Commissioners constituted in accordance with rule 12(2);
  • “parties” means the prisoner and the Department of Justice;
  • “party” means either the prisoner or the Department of Justice;
  • “prison” includes any place where the prisoner is detained, and in the case of rule 7(2) means any place where the person was detained;
  • “prisoner” includes an “extended custodial prisoner”, an “indeterminate custodial prisoner”, and a “life prisoner”;
  • “single Commissioner” shall be construed in accordance with rule 12(1);
  • “special advocate” means a person appointed under paragraph 4(3) of Schedule 4 to the 2008 Order to represent the interests of the prisoner.