The parole process can be broken down into 2 stages:
Stage 1 – Single Commissioner
A single Commissioner will consider the case on the papers provided and either:
Provisionally direct release
If the single Commissioner provisionally directs release a panel of three Commissioners will consider the case afresh. An oral hearing will be held, which the prisoner and his/her representative can attend, unless the prisoner, the Prison Service and the panel agree that a hearing does not have to be held. If all parties are in agreement that an oral hearing is not necessary, the case can be considered on the basis of the written evidence and representations provided. Note that despite the single Commissioner’s provisional direction, the panel may decide not to direct release.
Or: Provisionally direct that the prisoner is not released
If the single Commissioner provisionally directs that the prisoner should not be released then the prisoner can decide if he/she wants his/her case to be considered by a panel of three Commissioners. The prisoner or his/her representative must make this application within two weeks of the date that the provisional direction was received. If the prisoner requires a panel to consider the case an oral hearing will be held, which the prisoner and his/her representative can attend, unless the prisoner, the Prison Service and the panel agree that a hearing does not have to be held. If all parties are in agreement that an oral hearing is not necessary, the case can be considered on the basis of the written evidence and representations provided.
Or: Direct that the case should be considered by a panel of three Commissioners
The single Commissioner may direct that the case be considered by a panel of three Commissioners. This will usually occur when there is a factual dispute which cannot be resolved without oral evidence, or where there is a point of law which requires oral argument. An oral hearing will be held, which the prisoner and his/her representative can attend, unless the prisoner, the Prison Service and the panel agree that one does not have to be held. If all parties are in agreement that an oral hearing is not necessary, the case can be considered on the basis of the written evidence and representations provided.
Stage 2 – Paper or Oral Hearing by a panel of three Commissioners
If the case is to be referred to a panel of three Commissioners, and an oral hearing is to be held, then the prisoner can decide whether or not he/she wants to attend the hearing. If he/she does want to attend the hearing, the Commissioners’ office will advise the prisoner and his/her representative of the date the case is to be heard.
If all parties are in agreement that an oral hearing is not necessary, the case will be considered on the basis of the written evidence and representations provided (a paper hearing).