Text:PB rule 8

Directions

8. (1) Subject to paragraph (4), the chair of the panel may at any time [an ICM member may at any time prior to the appointment of a panel, and the chair of such panel may at any time after the panel is appointed,] give, vary or revoke such directions as he thinks proper to enable the parties to prepare for the consideration of the prisoners case or to assist the panel to determine the issues.

(2) Such directions may in particular relate to -

(a) the timetable for the proceedings,

(b) the varying of the time within which or by which an act is required by these Rules to be done,

(c) the service of documents,

(d) as regards any documents which have been received by the Board but which have been withheld from the prisoner in accordance with rule 6(2), whether withholding such documents is a necessary and proportionate measure in all the circumstances of the case, and

(e) the submission of evidence.

(3) Within 7 days of being notified of a direction under paragraph (2)(d), either party may appeal against it to the Chairman, who shall notify the other party of the appeal; the other party may make representations on the appeal to the Chairman whose decision shall be final.

(4) Directions under paragraph (1) may be given, varied or revoked either -

(a) of [the ICM member’s or] the chair of the panel's own motion, or

(b) on the written application of a party which has been served on the other party and which specifies the direction that is sought; but in either case, both parties shall be given an opportunity to make written representations or, [after a panel has been appointed and] where the chair of the panel thinks it necessary, and subject to paragraph (7)(b), to make oral submissions at a preliminary hearing fixed in accordance with paragraph (5).

(5) Where the chair of the panel decides to hold a preliminary hearing, he shall give the parties at least 14 days' notice of the date, time and place fixed for that hearing.

(6) A preliminary hearing shall be held in private and information about the proceedings and the names of any persons concerned in the proceedings shall not be made public.

(7) Except in so far as the chair of the panel otherwise directs, at a preliminary hearing -

(a) the chair of the panel shall sit alone, and

(b) the prisoner shall not attend unless he is unrepresented.

(8) The power to give directions may be exercised in the absence of the parties.

(9) Notice of any directions given, varied or revoked under this rule shall be served on the parties as soon as practicable thereafter.

Amendments