From Wednesday 4 March 2026, the Parole Board (Amendment) (No. 2) Rules 2026 (S.I. 2026/204) take effect in England and Wales. The instrument deletes paragraph (1ZA) from rule 19 of the Parole Board Rules 2019 on consideration on the papers, and was signed by Levitt, Parliamentary Under-Secretary of State at the Ministry of Justice, at 10:30 on 3 March before being laid at 16:30 the same day.
Paragraph (1ZA) was introduced as part of the December 2025 amendments. Those changes created a presumption that in defined categories a panel would decide cases on the papers, while separate provisions clarified that, in certain cases, panels must also consider whether “exceptional circumstances” justify directing an oral hearing beyond the common‑law fairness test. GOV.UK’s consolidated summary of the 2025 amendments records both the rule 19 presumption and the rule 20 ‘exceptional circumstances’ consideration. (gov.uk)
The No. 2 Rules also revoke the Parole Board (Amendment) Rules 2026 (S.I. 2026/129). The UK Parliament statutory instruments database shows S.I. 2026/129 was laid on 12 February 2026 and due to come into force on 5 March 2026, so revocation occurs before its scheduled commencement. (statutoryinstruments.parliament.uk)
In practical terms, the presumption that specified cases would conclude on the papers has been removed from rule 19. Panels will continue to determine the appropriate route to decision by applying the Parole Board’s Oral Hearing Guidance, which is anchored in the established fairness criteria and sets out when oral evidence or testing of risk is needed. (gov.uk)
The position on fairness remains rooted in Osborn, Booth & Reilly [2013] UKSC 61. Following that judgment, official guidance emphasised that where in doubt the Board should hold an oral hearing, particularly if important facts are disputed, risk cannot be assessed adequately on the papers, or meaningful participation requires a face‑to‑face forum. (gov.uk)
Administration of hearings continues under the Ministry of Justice and HMPPS Oral Hearing Administration and Attendance Policy Framework, updated on 31 July 2025. This covers arrangements for in‑prison hearings and the use of remote technology, witness attendance, security and interpreters. (gov.uk)
Capacity context is relevant. The Parole Board’s Annual Report for 2024/25 records 8,531 oral hearings in the year, with the majority conducted remotely, and indicates the Board processes about 22,000 referrals annually. Any shift from paper to oral routes will therefore interact with established remote‑hearing practice. (gov.uk)
Victims’ participation reforms introduced in 2025 remain in place. The Board’s summary notes a presumption in favour of allowing victims, including non‑Victim Contact Scheme victims, to observe private oral hearings; today’s change to rule 19 does not alter those provisions. (gov.uk)
For context on parliamentary timing, negative‑procedure statutory instruments can come into force before the 40‑day praying period concludes, remaining law unless annulled. Parliament’s guidance explains this process; S.I. 2026/129 proceeded under the made negative procedure when laid in February. (parliament.uk)
Casework implications are immediate. Any live referral previously triaged for a paper decision by reference to rule 19(1ZA) will now proceed without that presumption; panels will assess the need for an oral hearing against the fairness criteria, with case management directions, witness logistics and remote hub bookings adjusted accordingly.