The parole process can be broken down into 2 stages:
Stage 1 – single Commissioner
A single Commissioner will consider the prisoner's case and either:
Provisionally direct release
If the single Commissioner provisionally directs release a panel of three Commissioners will consider the provisional direction and the licence conditions recommended for the prisoner's safe release. An oral hearing will be held, which the prisoner and their 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. The prisoner should 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 they want their 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 they receive the provisional direction. If the prisoner does require a panel to consider the case an oral hearing will be held, which he/she and their 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 prisoner's case can be considered on the basis of the written evidence and representations provided.
Or: Direct that the prisoner's case should be considered by a panel of three Commissioners
The single Commissioner may direct that the prisoner's case be considered by a panel of three Commissioners. An oral hearing will be held, which the prisoner and their representative can attend, unless he/she, 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 prisoner's 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 they want to attend the hearing. The prisoner will be notified of the date, time and location of the oral hearing in a “Notice of hearing” letter which will be issued along with the provisional direction (if the provisional direction is for release) or with the direction (if it has been directed that the case be referred to a panel) or following the prisoner's application for an oral hearing where the provisional direction has been not for release. The prisoner will be asked to complete an acknowledgement of service and attendance at oral hearing form which will also be issued with the provisional direction/direction. If all parties are in agreement that an oral hearing is not necessary, the prisoner's case will be considered on the basis of the written evidence and representations provided (a paper hearing) on the same date.