Reconsideration Mechanism Guidance
Latest guidance on reconsideration sets out the process from start to finish.
Applies to England and Wales
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The Reconsideration Mechanism went live on 22 July 2019. It applies to decisions in eligible cases made on or after that date. It is provided for under rule 28 of the Parole Board Rules 2019.
In eligible cases, it allows either party to the proceedings to make an application for a parole decision to be reconsidered if it is considered that the decision was irrational and/or procedurally unfair.
The decision under challenge must relate to whether the prisoner should be released or not released. A decision regarding a recommendation for open conditions is not eligible for reconsideration.
Only the parties to the proceedings (Secretary of State and the prisoner) can apply for reconsideration. Victims can only request that the Secretary of State make an application for the decision to be reconsidered.
This guide sets out the process for reconsideration from the start to finish. It also provides guidance on how applications to amend the timeframe should be dealt with and which decisions fall within the eligibility criteria.
Updates to this page
Published 9 March 2022Last updated 7 December 2022 + show all updates
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Updated with the latest guidance attached.
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First published.