England and Wales scrap parole paper presumption

From 4 March 2026, the parole rules in England and Wales change in a simple but important way. The Ministry of Justice has removed the rule that pushed some cases to be decided on paperwork alone. Panels can now choose a paper decision or call an oral hearing without first proving there are exceptional circumstances.

If you’re studying criminal justice, here are the basics you need. The change sits in the Parole Board (Amendment) (No. 2) Rules 2026 (S.I. 2026/204). According to the statutory instrument on legislation.gov.uk, it was made at 10.30am on 3 March 2026, laid before Parliament at 4.30pm the same day, and comes into force on 4 March 2026. It applies to England and Wales and is signed by Levitt, Parliamentary Under‑Secretary of State at the Ministry of Justice.

So what is a parole decision? When someone has served the minimum term of a qualifying sentence, the Parole Board assesses risk and decides whether it is safe to release them on licence or move them to open conditions. Panels are made up of trained members, including legal and psychological specialists, who read reports, weigh risk factors, and test how a release plan would work in the community.

Until now, many cases classed as suitable were dealt with on the papers, meaning the panel read the file and made a decision without a live hearing. Oral hearings bring people together-often by video link or in a prison room-so the panel can ask questions, hear directly from the prisoner and witnesses, and probe contested evidence in real time.

Here is the legal pivot. Rule 19 of the Parole Board Rules 2019 covers decisions on the papers. Paragraph 19(1ZA) had created a presumption that some cases would be decided that way unless there were exceptional circumstances to justify a hearing. The new amendment removes paragraph 19(1ZA) and also revokes the linked Parole Board (Amendment) Rules 2026 (S.I. 2026/129). In short: no paper‑first presumption, more room for panel judgement.

What this means for you if you work with people in custody is that asking for an oral hearing no longer has to clear an ‘exceptional circumstances’ hurdle tied to 19(1ZA). Panels will still decide some cases on the papers when the file is complete and uncontested, but when fairness, complexity or disputed facts point to live questioning, a hearing can be listed on that basis alone.

For victims, the change may feel reassuring. Victim personal statements can be explored more fully at a live hearing, and specialist members can challenge how risk is being managed. The Government’s note to the rules says no, or no significant, impact on the private, voluntary or public sectors is foreseen; even so, individual case timetables may shift if more hearings are scheduled.

If you’re learning how to read a statutory instrument, notice the timeline it sets out: “Made” at 10.30am on 3 March 2026, “Laid before Parliament” at 4.30pm on the same day, and “Coming into force” on 4 March 2026. It also names the legal power used-section 239(5) of the Criminal Justice Act 2003-and includes the minister’s signature to show authority.

Keep in mind what has not changed. Parole is still about risk: the panel asks whether public protection tests are met and whether licence conditions can manage that risk. Today’s tweak doesn’t promise a hearing for every case; it restores discretion so panels can match the process-paper or oral-to the questions they need to answer.

Why this matters beyond the prison gates is straightforward: parole decisions shape community safety and people’s futures. By removing the paper‑first presumption and letting panels call oral hearings without an exceptional‑circumstances test, the rules aim to make decisions more transparent, better tested, and easier for you to understand when you follow a case.