A guide for participants

[See also the Prison Service Life Sentence Guide - >>more]
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This guide is designed to help those participating in oral reviews by the Life Sentence Review Commissioners to know what is expected from them on the day of the hearing, and how the hearing itself is likely to be conducted

The guide summarises parts of the relevant legislation - the Life Sentences (Northern Ireland) Order 2001 ("the Order") and the Life Sentence Review Commissioners' Rules 2001 ("the Rules") - and covers only the procedures that apply in a standard case. In special circumstances, slightly different procedures apply. Prisoners or those advising them should therefore study the Order and Rules carefully before submitting any material to the Commissioners.

Those who may be involved with oral hearings are:

1. "The Panel" three Commissioners appointed to hear a case, of whom one, normally an experienced lawyer, will be Chairman and another a psychiatrist or psychologist.
2. "The Secretary" a member of the Commissioners' Secretariat, responsible for administrative duties during the hearing.
3. "The prisoner" the prisoner whose suitability for early release is being considered.
4. "The prisoner's representative" normally a solicitor or barrister.
5. "The Secretary of State" the Secretary of State for Northern Ireland, who starts the process by referring the prisoner's case to the Commissioners, provides evidence for the hearing and a view on the prisoner's suitability for release, and is obliged to act on the Commissioners' decision regarding release. In practice, the Northern Ireland Prison Service acts on the Secretary of State's behalf throughout the proceedings.
6. "The Secretary of State's a lawyer or prison governor.
   representative"
7. "Witnesses" people called by either the Secretary of State or the prisoner to give oral evidence at the hearing, eg probation officers, prison governors, prison officers, psychiatrists, psychologists, etc.
8. "Non-participants" people granted permission to attend the hearing while taking no active part.
   

INTRODUCTION

The Purpose of the oral Hearing

The Panel's task is to consider the suitability of life sentence prisoners for release. To do this, they have to decide whether it is necessary for the prisoner to continue to be detained in order to protect the public from serious harm. The oral hearing lets them examine all the relevant evidence in depth, including the views of the prisoner and the Secretary of State. At the end of the proceedings, the Panel must either:

" Direct the prisoner's release. If the Panel is satisfied that the level of risk is acceptable, then it is required by law to direct that the prisoner should be released. The test for the Panel to assess is whether there is more than a minimal risk of the prisoner causing death or serious personal injury, whether physical or psychological, by committing further violent or sexual offences; or

" If it is not so satisfied, make clear that no direction for release is being made.

Whichever of these decisions the Panel makes, it must give its reasons in writing. The Secretary of State must comply with the Panel's direction to release. There is no mechanism for either party to appeal the Commissioners' decision but, as with any public body, its decisions can be challenged through Judicial Review.

The Panel may also make recommendations about licence conditions, courses or programmes that the prisoner should undertake, or the timing of the next review. The Secretary of State is not bound to accept such recommendations but he cannot impose any licence condition that has not been recommended by the Commissioners.

Before the hearing, the members of the Panel will have read the dossier of papers that form the basis of the review. The dossier consists of up-to-date assessments from prison and professional staff on the prisoner's level of risk, together with a detailed account of the offence, other background papers, a summary of the prisoner's history in prison, and the prisoner's written representations. The oral hearing is designed to supplement these written documents with oral evidence from the prisoner and any witnesses. The Panel will also hear oral submissions from the prisoner's representative and the Secretary of State's representative.

The hearing itself will be conducted as informally as possible (see The Hearing below).

Recall Cases

The steps and time limits set out in this Guide are those set out in the Life Sentence Review Commissioners' Rules 2001 for prisoners who have not previously been released. Rule 24 requires the Commissioners to determine different - by implication shorter - periods where the prisoner has been recalled to prison after a period of release on licence. The dates set out in the notice of referral in recall cases will therefore be earlier than those based on the time periods set out here.

BEFORE THE HEARING

The Prisoner and prisoner's representative

The Commissioners will write telling the prisoner that his or her case has been referred to them by the Secretary of State. This will normally take place about six months before the end of the tariff period set by the court. The timing of most of the procedural stages is based on the date of this letter, formally known as the 'notice of referral'. The notice sets a provisional date for the hearing and the deadlines for the various stages.

By week 3 the prisoner must give the Commissioners and the Prison Service details of the person appointed to act as his or her representative. A form on which to do so will be sent out with the notice of referral.

By week 5 the prisoner must notify the Commissioners and the Prison Service whether or not he or she wishes to attend the hearing. A form on which to do so will be sent out with the notice of referral.

The dossier of papers, which will normally contain all the papers that the Secretary of State considers relevant to the prisoner's suitability for release, will be made available to the prisoner or his or her representative by the Prison Service at week 8 of the process. The prisoner and his or her representative will need to discuss the written evidence and then:

By week 14 submit to the Commissioners and the Prison Service any representations that he or she wishes to make about his or her case.

By week 16 submit to the Commissioners written application for any witnesses required at the hearing (and send a copy to the Prison Service). The application should include an outline of the evidence that the witness will give. A form on which to do so will be sent out with the notice of referral. The prisoner or his or her representative should at this stage contact those being called as witnesses and confirm that they are able to attend on the day of the hearing. It is the responsibility of those calling witnesses to arrange for their attendance.

Submit to the Commissioners written application for any non-participants that the prisoner wishes to have present at the hearing (and send a copy to the Prison Service).

The Chairman will direct whether or not any application for a witness or non-participant has been granted and give reasons for his decisions.

At least four weeks before the hearing Submit to the Commissioners and Prison Service any further documentation that the prisoner wishes to have considered.

It is important that the prisoner or his or her representative allows time to prepare the case. It helps the Panel for the prisoner or his or her representative to take as active a role in the hearing as possible. He or she will be expected to question the prisoner and his or her witnesses if necessary, question the Secretary of State's witnesses where appropriate, and make closing remarks to the Panel (see The hearing below).

The Prison Service and Secretary of State's representative

The Prison Service starts the process by referring the prisoner's case to the Commissioners (normally about six months before the end of the tariff period). The Commissioners then issue a 'notice of referral' to the prisoner. The notice sets a provisional date for the hearing and the deadlines for the various procedural stages.

By week 3 The Prison Service must notify the Commissioners and the prisoner of the details of the person appointed to act as the Secretary of State's representative.

By week 8 the Secretary of State's representative will have received the initial dossier of papers from the Prison Service. On receiving the dossier, the Secretary of State's representative should discuss with the Prison Service whether the Secretary of State wishes to call any witnesses.

By week 14 the Secretary of State's representative ought to have received any representations that the prisoner wishes to make about his or her case. Having considered these, the Secretary of State's representative may wish further to discuss the need for witnesses with the Prison Service

By week 16 The Prison Service should submit to the Commissioners written application for any witnesses required at the hearing (and send a copy to the prisoner). The application should include an outline of the evidence that the witness will give. It is advisable at this stage to contact those being called as witnesses and confirm that they are able to attend on the day of the hearing. It is the responsibility of those calling witnesses to arrange for their attendance.

Submit to the Commissioners written application for any non-participants that the Secretary of State wishes to have present at the hearing (and send a copy to the prisoner).

The Chairman will direct whether or not any application for a witness or non-participant has been granted and give reasons for the decision.

It is important that the Secretary of State's representative allows time to prepare the case. It helps the Panel for the Secretary of State's representative to take as active a role in the hearing as possible. He or she will be expected to question the Secretary of State's witnesses if necessary, question the prisoner and his or her witnesses where appropriate, and make closing remarks to the Panel (see The hearing below).

Witnesses

If an application is made for a witness to attend the hearing, the party making the application should contact the prospective witness as soon as possible. The witness will be given the provisional date and asked to attend the prison for the hearing. He or she should immediately confirm with the party whether he or she can attend. At this stage, it is unlikely that the final date of the hearing will be known. This will normally be available 4-6 weeks before the hearing. The witness should, if possible, be available for the whole day.

Non-participants

The prisoner may apply to be accompanied at the hearing, for example by family members or friends. The Secretary of State has a similar right to apply for the presence of non-participants. Anyone else wishing to observe an oral hearing should to apply in writing for permission. Any such request should give the full name, address and occupation of the prospective non-participant and reasons for making the request. It should be addressed to the Secretariat to the Life Sentence Review Commissioners, 5th floor Windsor House, 9-15 Bedford Street, Belfast. BT2 7SR Applications from either party must be received by week 16. Applicants should be aware that both parties will be consulted and have the right to object, as does the Governor of the prison in which the hearing is to take place. The decision on whether to admit any non-participant will be taken by the Chairman, who will consider the reasons given by the applicant and those given by anyone who objects.

All those due to attend the hearing The final date and time of the hearing will normally be decided 4-6 weeks in advance. The Secretariat will notify both parties, who ought in turn to notify their witnesses: those due to attend can if necessary also obtain details from the prison or the Secretariat (028 9054 9416).

Privacy and confidentiality

The hearing will be held in private except in so far as the Chairman agrees to admit non-participants. Those present must not subsequently disclose any information about the proceedings or the names of any of those concerned.