High Court review of parole releases starts 31 Dec
From 31 December 2025, some parole release decisions in England and Wales can be sent to the High Court for a fresh look. New court rules set out exactly how that happens, who is involved, and what information the court must see. If you teach citizenship or law, this is a timely case study in how legal procedure shapes real-world outcomes.
According to the Civil Procedure (Amendment No. 3) Rules 2025, a new Section 3 is added to Part 77 of the Civil Procedure Rules. These rules were made on 24 November and laid before Parliament on 25 November. They are published on legislation.gov.uk and take effect at the end of the year.
When can a release decision be referred? Only if the Secretary of State directs the Parole Board to send the case to the High Court and believes two things at once: that releasing the prisoner would be likely to undermine public confidence in the parole system, and that the High Court might not be satisfied it is no longer necessary to keep the person confined to protect the public.
Who is who in the courtroom is different from what you might expect. The direction to refer is treated as a claim brought by the Secretary of State, who becomes the claimant. The prisoner is the defendant. The Parole Board, and any victim as defined in the Victims and Prisoners Act 2024, are not parties to the claim, so they do not file pleadings or evidence in the usual way.
The case runs under the simplified Part 8 procedure, with tweaks made for this kind of referral. Part 8 is designed for cases decided mainly on written evidence rather than a full trial with oral witnesses. In these referrals, certain standard Part 8 rules do not apply, and the court expects a complete paper pack up front.
Timing is tight. Within two days of filing the claim form, the Secretary of State must serve the prisoner with the reasons for the referral, the Parole Board’s decision letter, all the information and reports the Board considered, any further relevant material, and any suggestions about licence conditions if release is ultimately ordered. There is an ongoing duty to disclose anything that harms the government’s case or helps the prisoner’s case until the proceedings finish.
Service is personal unless an address for service has already been given. The claim form must be handed to the defendant in person and a certificate of service must reach the court within seven days. Other documents also require personal service unless the defendant has named an address for service.
Some cases will involve sensitive information. The rules allow applications to restrict disclosure where showing material would risk the prevention of disorder or crime, or the health or welfare of the defendant or someone else. Any restriction must be a necessary and proportionate step. Any such application must be made when the government files its material, or when it files additional material later. The court can order non-disclosure, summary disclosure, redaction, disclosure to the defendant’s lawyer only with an undertaking, or disclosure to a special advocate.
Special advocates appear in rare cases that involve closed material. Appointed by the Attorney General on the court’s request, they represent the defendant’s interests in private hearings the defendant cannot attend. The government cannot rely on closed material until a special advocate has been appointed and served with it. Once a special advocate has seen the closed material, their communications are tightly controlled: they can write to the court and the government, but they cannot discuss the substance with the defendant unless the court permits or the government agrees.
The rules map out practical steps for closed material applications. The government must file the sensitive material with reasons for withholding, say who should not see it, include any proposed summary, and indicate whether it will abandon reliance on the material if the court refuses secrecy. Deadlines matter here too: for example, the defendant’s legal representative has seven days to give an undertaking if the court permits lawyer-only disclosure, and a special advocate has fourteen days to make written submissions on a secrecy application that has already been served on them. If anyone fails to comply with court directions, the court can issue a notice and, if non-compliance continues, decide the case on the material it already has.
Hearings may be partly private to avoid accidental disclosure of restricted material. The court can also withhold parts of its public reasons where explaining them would reveal protected information. A separate confidential judgment goes to the claimant, the defendant’s lawyer where appropriate, and the special advocate. Requests for copies of court documents by parties or non-parties under Civil Procedure Rules 5.4B and 5.4C do not apply here unless the court directs otherwise. Open justice remains the starting point, but these rules show how safety concerns are balanced within a structured process.
The appeal route is also set out. Appeals go to the Court of Appeal and will usually be decided at a hearing. Where a special advocate has been appointed, the appellant must serve them with the appeal notice. Standard appeal rules apply unless adjusted by this new section.
Here is the process in plain steps you can map on a whiteboard. First, the Parole Board directs release. Second, the Secretary of State issues a direction for referral and files a Part 8 claim. Third, within two days the government serves its reasons and the full Parole Board pack on the defendant. Fourth, the court manages any applications to restrict disclosure, including appointing a special advocate if needed. Fifth, the High Court decides whether it is no longer necessary to keep the person confined and may give directions about licence conditions. Sixth, either side may appeal to the Court of Appeal.
A short glossary helps. Part 8 procedure is a streamlined civil route based largely on written evidence. Closed material is sensitive information the court may restrict to protect safety or crime prevention. A special advocate is a security-cleared lawyer who can see closed material and argue on the defendant’s behalf in private, but cannot freely communicate after viewing it. Certificate of service is the formal proof that documents were served, which in these cases must be filed within seven days of serving the claim form. The term ‘victim’ follows the definition in the Victims and Prisoners Act 2024. Part 82 is the Civil Procedure framework that applies when Part 2 of the Justice and Security Act 2013 is engaged.
What this means for teaching and for public debate is clear. The rules formalise a rapid, document-heavy check on some Parole Board releases, with strict disclosure duties and defined secrecy safeguards. They start on 31 December 2025. In the classroom, you can set up a role-play with a claimant government lawyer, a defendant, and a special advocate to explore how rights, risk and trust in the system are weighed.