The Civil Procedure (Amendment No. 3) Rules 2025 insert a new Section 3 into CPR Part 77 for referrals of Parole Board release decisions to the High Court. Made on 24 November and laid on 25 November, the rules commence on 31 December 2025 in England and Wales.
The new procedures give operational effect to powers created by the Victims and Prisoners Act 2024. The Secretary of State may require a reference where release would likely undermine public confidence and the High Court might not be satisfied that the public protection test is met; parallel provisions extend to determinate sentence cases under the 2003 Act.
Proceedings run under Part 8 with modifications: the Secretary of State is claimant, the prisoner defendant; the referral is treated as the claim. The Parole Board and any victim (as defined in the 2024 Act) are not parties; rules 8.7 and 8.8 do not apply.
Timetables are short. Within two days of filing, the claimant must serve reasons addressing the public protection test, any proposed licence conditions, the Parole Board decision letter, all material before the Board, and any further relevant information. Personal service applies, with a certificate due within seven days, and there is an ongoing duty to disclose adverse material.
Where sensitive information is in play, the Justice and Security Act 2013 provides the statutory framework. If Part 2 of that Act applies, CPR Part 82 governs closed material applications, appointment of a special advocate and, where necessary, hearings in private to protect national security or related interests.
Outside the Part 2 regime, the court may direct one of four approaches to restricting disclosure: withhold material entirely; permit counsel‑only access under undertakings; provide a summary or redaction; or disclose to a special advocate. Any such direction can later be varied or set aside.
For officials, the process centralises ministerial oversight of contested releases into a single High Court track. Meeting the two‑day filing duty will require a standing bundle: the Parole Board decision letter, the dossier served on the Board, reasons addressing public protection, and any proposed licence conditions ready to file with the claim.
For defendants and representatives, personal service and compressed deadlines mean early instruction and rapid evidence review. Preparation should anticipate both open and, if needed, closed stages, with coordination around special advocate involvement and a clear position on proportionate licence conditions if release is upheld.
The Parole Board has no party status once a case is referred; its role is confined to the dossier it has already considered. Victims, while defined in the 2024 Act, are likewise not parties, so any communication to them sits outside the court process set by these rules.
The instrument comes into force on 31 December 2025. Public authorities and practitioners should plan for service logistics over the holiday period, identify routes to secure special advocate appointments through the Attorney General’s Office where necessary, and align local Administrative Court listing practices with the expectation of early case management.