CPR changes for Parole release reviews from 31 Dec 2025

From 31 December 2025, new Civil Procedure Rules will govern how the High Court reviews Parole Board release decisions in England and Wales. The Civil Procedure (Amendment No. 3) Rules 2025 were made on 24 November and laid before Parliament on 25 November, inserting a new Section 3 into Part 77. The instrument is signed by Levitt, Parliamentary Under-Secretary of State at the Ministry of Justice, on 24 November 2025, as recorded on legislation.gov.uk.

Here’s the big idea. The Secretary of State can direct the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 or section 256AZBA of the Criminal Justice Act 2003-both provisions created by the Victims and Prisoners Act 2024. A referral is used where ministers consider release would likely undermine public confidence in the parole system and the High Court might not be satisfied that detention is no longer necessary to protect the public.

Who is who on the claim form matters. The referral is treated as a claim by the Secretary of State, who becomes the claimant. The prisoner is the defendant. The Parole Board and any victim, as defined by section 1 of the Victims and Prisoners Act 2024, are not parties. What it means: the Board’s decision and any victim material can be evidence before the court, but those people do not argue the case.

The route is Part 8-with tweaks. Part 8 is the streamlined procedure used when the court can decide issues mainly on documents rather than lengthy oral evidence. For these referrals, the rules switch off some default Part 8 steps (rules 8.7 and 8.8) and add a bespoke code numbered 77.16 to 77.33. You can read this as an accelerated, document‑heavy review focused on whether release should stand.

The claim form must do specific jobs. It has to say the Parole Board was directed to refer the decision because the claimant considers release would likely damage public confidence and the High Court might not be satisfied that detention is no longer needed for public protection. It must cite the correct statute-section 32ZAA of the 1997 Act or section 256AZBA of the 2003 Act-and confirm the claimant will file and serve further material as required.

There is a rapid evidence duty. No later than two days after filing the claim form, the claimant must file with the court and, together with the claim form, serve on the defendant: the reasons why the High Court might not be satisfied on public protection; any representations about licence conditions if release is ordered; the Parole Board decision letter; all information and reports served on and considered by the Board; and any other relevant information. The claimant cannot rely on material that has not been served unless the rules or the court permit it, and must keep serving anything that harms the claimant’s case or helps the defendant until the case ends.

Service is strict and mostly personal. Unless rule 6.7 applies, the claim form must be served personally under rule 6.5, and a certificate of service must be filed within seven days. Other documents must also be served personally unless the defendant has given an address for service under rule 6.23. What it means: the timetable only truly runs once the papers are in the prisoner’s hands, so planning service is a practical exam in itself.

Sensitive information is handled through set gateways. If the claimant wants material withheld, any application under section 6(2) of the Justice and Security Act 2013 or under rule 77.23 must be made when filing the two‑day evidence pack-or when filing any further material that needs protection. If Part 2 of the 2013 Act applies, the closed material procedure in Part 82 takes over. The application itself need not be served on the defendant, but the defendant must be notified and sent any draft summary or redaction. If a special advocate has already been appointed, they must be served with the application and materials.

The court then chooses how to manage the material. It can: withhold it from the defendant and their lawyer; withhold it from the defendant but show it to their lawyer in full, summary or redacted form if the lawyer promises not to disclose it; disclose it to the defendant in summary or redacted form; or withhold it from both the defendant and their lawyer but show it to a special advocate. This only happens if disclosure would harm the prevention of disorder or crime or someone’s health or welfare, and withholding is necessary and proportionate. If a special advocate is already in place, they may file submissions within 14 days.

Deadlines follow any non‑disclosure ruling. Where disclosure to the defendant’s lawyer is allowed subject to undertakings, that lawyer has seven days to file the undertaking; the claimant then has two days to serve the material or to confirm they will not rely on it. If withholding is refused-or the court orders a summary or redaction-the claimant has seven days to serve as directed or say they will not rely on it. If the claimant chooses not to rely on material, the court can require concessions or bar points so the defendant is not disadvantaged.

Special advocates play a careful role. The court may direct the claimant to ask the Attorney General to appoint a special advocate to represent the defendant’s interests in any closed stage. The advocate can make submissions, test evidence, and write to the court about whether withheld material should be disclosed in full, in summary or in redacted form. Once they receive closed material, their communications are tightly limited: they can speak to the court, the claimant and the Attorney General’s team; they need consent or a court direction to communicate with the defendant; and any dispute about proposed communications can be decided on the papers. Hearings may run in private to prevent disclosure, and the rules treat the special advocate as a party for certain procedural steps.

Judgments and records are also managed for safety. The court can withhold open reasons if giving them would risk crime prevention or someone’s health or welfare, but must provide a separate closed judgment to the claimant, the defendant’s legal representative where appropriate, and any special advocate. Unless the court directs otherwise, the usual rules letting parties or non‑parties obtain court documents (rules 5.4B and 5.4C) do not apply to these proceedings. If the claimant or a special advocate ignores a court direction, the court can set a short deadline and then decide the case on the material it has.

Appeals run to the Court of Appeal under Part 52 where an order concerns a non‑disclosure application-or where the appeal involves such a matter-and the appellant must serve any special advocate. Unless the court says otherwise, appeals are decided at a hearing. What it means for your notes: remember the roles (claimant is the Secretary of State; defendant is the prisoner), the two‑day filing duty, personal service and the seven‑ and fourteen‑day markers, and the menu of options for handling sensitive evidence. Early cases will show how judges read the public‑confidence test and the ‘no longer necessary for protection’ question.