The Civil Procedure (Amendment No. 3) Rules 2025 insert a new Section into Part 77 to govern how release decisions are referred by the Secretary of State to the High Court. The instrument (SI 2025/1229) was made on 24 November 2025, laid on 25 November 2025, and comes into force on 31 December 2025, according to legislation.gov.uk.
The referral power being operationalised here originates in the Victims and Prisoners Act 2024. For life sentences it is set out in new section 32ZAA of the Crime (Sentences) Act 1997, and for fixed-term prisoners in new section 256AZBA of the Criminal Justice Act 2003. In both cases, the Secretary of State may direct a referral where they consider release would be likely to undermine public confidence in the parole system and that the High Court might not be satisfied the prisoner no longer needs to be confined for public protection. On a referral, the High Court must either require release (and may set licence conditions) or quash the Parole Board’s direction.
Proceedings are issued under the Part 8 procedure with express modifications. The referral is treated as an application by the Secretary of State, who is the claimant; the prisoner is the defendant. The Parole Board and any victim as defined in the Victims and Prisoners Act 2024 are not parties. Rules 8.7 and 8.8 are disapplied for these claims, as confirmed in the new rules.
The claim form must explain that the Parole Board has been directed to refer because of the public confidence and public protection tests, identify whether the direction was under the 1997 or 2003 Act, and confirm that further material will be filed. Within two days of filing, the claimant must file and serve the reasons relied upon, any representations on proposed licence conditions, the Parole Board’s decision letter, all information and reports considered by the Board, and any further relevant material. There is a continuing obligation to disclose any material that undermines the claimant’s case or supports the defendant’s case until conclusion.
Service is tightened. The claim form must be served personally on the defendant unless an exception applies, with the certificate of service filed within seven days. Unless the defendant has provided an address for service, other documents must also be served personally. These steps are framed to ensure the prisoner is notified promptly and reliably of the referral.
Non-disclosure applications must be made at the point the claimant files materials (or when filing any additional material). Where Part 2 of the Justice and Security Act 2013 is engaged, the closed material procedure in CPR Part 82 applies, including potential private hearings and the use of a special advocate where necessary.
Alongside the Justice and Security Act route, the rules create a tailored non-disclosure mechanism. The court may withhold information if disclosure would adversely affect the prevention of disorder or crime, or the health or welfare of the defendant or another person, and if withholding is necessary and proportionate. The court can order complete withholding, disclosure to the legal representative only (subject to undertakings), disclosure in summary or redacted form, or disclosure to a special advocate.
Time limits are explicit. Where disclosure to the legal representative subject to undertakings is ordered, the undertaking must be filed and served within seven days. If given, the claimant has two days to provide the relevant material in full or as directed; if not given, the claimant must seek further directions. If permission to withhold is refused, or a summary is directed, the claimant must serve the material as directed or confirm that they will not rely on it, in which case the court may require concessions or other steps.
Special advocates may be required. The court can direct the claimant to request the Attorney General to appoint one, and the claimant must serve core documents on the special advocate once appointed. After receiving the closed material, the special advocate may only communicate with the defendant or their representative with the court’s permission (or the claimant’s agreement before seeking permission), with an objection-and-ruling process set out if the claimant opposes proposed communications.
Hearings from which the defendant is excluded must be conducted in private. The court may also withhold part or all of its reasons where necessary to avoid disclosing sensitive material, while providing a separate judgment with full reasons to the claimant, the defendant’s legal representative where appropriate, and any special advocate. Access to court documents under CPR 5.4B–5.4C is disapplied unless the court orders otherwise.
Appeals lie to the Court of Appeal under Part 52 against orders on, or involving, non-disclosure applications in these referrals. The appellant must serve the appellant’s notice on any special advocate, and, unless otherwise directed, appeals are to be determined at a hearing.
Policy Wire analysis: for prison law and public law teams, the regime compresses early casework into a 48‑hour window and formalises routes for closed material, mirroring Part 82 practice. Immediate priorities include assembling the Parole Board record, preparing reasons and any licence-condition representations, and mapping potential non-disclosure. For defendants, the personal service requirements and the option of legal-representative‑only disclosure are material to timetable and client‑care planning. The framework is designed to bring High Court oversight quickly to politically sensitive release decisions introduced by the Victims and Prisoners Act 2024.