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What changed in 2022
The Parole Board was established in 1967 and, under its rules, its hearings were always held in private. Following a government consultation that ran from 20 October to 1 December 2020, ministers decided in February 2021 that the blanket ban was unnecessary. The then Minister of State, Lucy Frazer, was careful about expectations: the government expected "truly public hearings to be rare", but it was right to remove the barrier that required them always to be private.
The change was made by the Parole Board (Amendment) Rules 2022 (SI 2022/717), made on 28 June 2022 and in force from 21 July 2022. They inserted a new rule 15(3) into the Parole Board Rules 2019 (SI 2019/1038): an oral hearing — including a directions hearing or case management conference — "must be held in private unless the Board chair considers, on their own initiative or on an application to the Board, that it is in the interests of justice for the oral hearing to be held in public". Rule 15(3A) bars applications made later than 12 weeks before the date allocated for the hearing, and rule 15(3B) lets the panel chair or duty member direct that part of a public hearing is held in private.
Two distinctions matter throughout. The Board chair — the chair of the Parole Board itself, or a senior judicial member acting under delegated authority — decides whether a hearing is public at all. The panel chairruns the hearing on the day, decides which parts go private, and can remove observers. And the Parole Board is not a court in the Contempt of Court Act sense: it describes itself as a "court-like body", and its own rules, rather than the ordinary reporting-restriction orders, govern what you can publish.
How a hearing becomes public: the application
Anyone can apply — a victim, the prisoner, a journalist, an academic, or a member of the public — and the Chair can also act on their own initiative. The Board's procedure guidance (March 2026, v2.0) and the HMPPS oral hearing policy framework describe the same route.
If the application is refused, the hearing stays private and the only route of challenge is judicial review — the decision is outside the Board's own reconsideration and set-aside mechanisms. Even where a hearing is granted, the Chair can revoke the direction if circumstances change, and the Board's information sheet reminds observers that attendance remains at the panel chair's discretion.
The interests-of-justice test: what the Chair weighs
Every published decision opens from the same place: the normal position is that parole hearings remain private, because it is of paramount importance that witnesses can give their best evidence and because the evidence can cover highly personal matters, including health, and material that may be distressing to victims. There must therefore be good reasons to depart from the general rule. The Board's 2026 procedure guidance sets out the non-exhaustive factors.
- General: Whether there is good reason to depart from the rule that hearings are private; whether the case has special features which may add to proper public understanding of the parole system and public debate about it; whether a public hearing might compromise the Board's core function of assessing risk on all the evidence; the panel's ability to sit privately for appropriate periods; and the availability of summaries or redacted decisions to the public as an alternative.
- Victim-related: The wishes of the victims; any risk of undue emotional stress or re-traumatisation, including adverse effects on the mental health of the victim or their family; and the victim's right to attend part of the hearing in any event. The Board's 2026 decisions record that since 1 April 2025 victims have been able to apply to observe private hearings and will normally be admitted, subject to a confidentiality undertaking.
- Prisoner-related: The informed wishes of the prisoner and any risks to their safety. A prisoner's objection is important but not determinative — the guidance says it should not be treated as a veto. In the Causley decision the Chair noted that the prisoner had threatened not to give evidence, found no medical evidence to support the claim that he could not, and granted the application anyway.
- Evidence-related: Whether witnesses, including the prisoner, will be able to give their best evidence in public. Where compelling evidence shows they cannot, a public hearing should not be directed. The Chair also weighs the mitigations available: taking evidence in private, using code phrases for addresses, attaching conditions to attendance, and suspending the hearing or removing disruptive observers.
The first grant shows the factors in action. In Causley([2022] PBPH 1, decided 7 September 2022), the Chair found special features: it was the first case involving a prisoner who had never disclosed the location of his victim's body since "Helen's Law" took effect; the offence was murder; the Board's work on recalls was little understood; and the victims, the media and an academic all wanted it heard in public. The Secretary of State supported the application. As of August 2026 the Board's register lists 16 applications granted against several dozen refused — so the minister's prediction that public hearings would be rare has held.
What a public hearing actually looks like
A public parole hearing is not a public gallery in a prison. Once a hearing is made public, everyone who wants to watch — press, public, victims, even the applicant — must register with the Board, and places are allocated first come, first served, limited by the venue's capacity. The hearing itself takes place at a secure location with the panel, the prisoner and the parties; observers watch a live stream from a separate Ministry of Justice-approved venue. The Board's member guidance notes the stream runs with a delay of about 60 seconds and can be terminated by the panel chair at any point.
The Board's information sheet also warns that hearings can be delayed or pulled on the day without warning, that the material can be graphic and distressing, and that "members of the press are usually present at public hearings". Plan for a full day at the venue, a possible second private day you will not see, and a decision that arrives by press release a fortnight or more later.
What you can and cannot report
"Public" does not mean "unrestricted". The restrictions come from the Parole Board Rules themselves, not from court orders, and they apply whether you are a registered observer or reading a colleague's notes.
- Rule 27(6): the naming ban: Other than those of the parties, the names of persons concerned in proceedings under the Rules must not be disclosed unless the Board chair gives a direction to the contrary. The parties are the prisoner and the Secretary of State — so the prisoner can be named. Everyone else is caught. The Board's observer sheet lists them: any social worker, prison staff, the author of any report, any witness, the prisoner's representative, the panel members and their staff — none of whom may be named in the press or on social media.
- Rule 27(7): civil liability: A contravention of rule 27(5) or (6) is actionable as a breach of statutory duty by any person who suffers loss or damage as a result. This is not contempt with a jail term attached, but it is a cause of action against you and your publisher, and the Board also cites section 170 of the Data Protection Act 2018 — the offence of knowingly or recklessly obtaining or disclosing personal data without the controller's consent — in its observer guidance.
- Rule 27(5): the chair's control of publication: Subject to rule 27(1) and rule 17, the Board chair may prohibit or permit the disclosure, recording or publication of proceedings or information about proceedings under the Rules — and a decision may relate to a class of proceedings. Conditions attached to a public hearing direction can therefore go further than the default naming ban. Read the grant decision and any conditions in the registration pack before you file.
- Recording: contempt: The information sheet states that any digital audio, video or other recording of a parole oral hearing by an attendee, including screenshots or downloads, is strictly forbidden and constitutes contempt of court. The stream is for watching. Your contemporaneous note is your record.
- Victims and the recall facts: Published decisions show the panel can anonymise victims and anyone connected to the events leading to a recall, and can take those facts in a closed part. The 2026 Shepherd decision records that the panel would ensure anyone seeking anonymity got it and that victims' names could be anonymised. Treat victim identity exactly as you would under a court order, and check for any criminal proceedings still active.
What you can report is still substantial: the prisoner's name, offence and sentence; the questions the panel asks and the answers given in open session; the positions the parties take; what witnesses say, attributed by role; the victim personal statement if read in open session and not anonymised; and the decision when it is published. For the ordinary court framework these rules sit alongside, see our reporting restrictions overview.
Getting the decision afterwards
Three documents exist after a public hearing, and reporters routinely confuse them.
Working a public hearing well
- Watch the register. The Board publishes every application decision — granted and refused — and, since March 2026, details of accepted applications while representations are open. A pending application on a case you cover is a story in itself, and your window to make representations is five working days.
- Apply early and argue the factors. Twelve weeks is the hard deadline; the first grant was only possible because the Chair waived it for applications made days after the rule took effect. Address best evidence, victim welfare and the availability of private sessions head-on, because those are the points on which refusals turn.
- Register the moment a grant is published. Places are first come, first served and capped by the venue. Every observer — including the journalist who made the application — must register separately.
- Read the grant decision and the conditions pack before the day. They tell you what will be heard in private, whether witnesses will be on camera, and any conditions attached under rule 27(5).
- Build a role-based cast list. Note each participant by job title as the panel chair introduces them — community offender manager, prison offender manager, prison psychologist — and write your copy that way from the start rather than scrubbing names out later.
- Do not file the result. Nothing said at the hearing is a decision; the panel gives no indication either way. Report what was said and what the prisoner is seeking, then wait for the Board's announcement and the redacted decision.
- Use the private-session cuts as structure. When the stream drops for licence conditions or the risk management plan, that is a legitimate line in your report — "the panel then sat in private to consider the release plan" — and a sign of what the panel thought mattered.
- Ask for the summary within six months. If you missed a public hearing or want the reasons in a related private case, rule 27(1) entitles you to a summary; the clock runs from the decision date.
Common mistakes to avoid
- Naming a probation officer, psychologist or panel member because they were "in a public hearing". Rule 27(6) bars it regardless of how the hearing was held, and rule 27(7) makes it actionable.
- Treating the live stream like a court video link and screen-grabbing a frame for the web story. The Board treats any recording, screenshot or download by an attendee as contempt.
- Assuming "public" means you can just turn up. There is no public gallery: unregistered observers are not admitted, and attendance is at the panel chair's discretion even after registration.
- Reporting the "verdict" from the hearing. There is none. Decisions are issued to the parties within 14 days and can remain provisional for a further 21-day reconsideration window.
- Confusing the Board chair with the panel chair. The Board chair (or delegate) decides whether the hearing is public and controls publication under rule 27(5); the panel chair runs the day, orders private sessions and can remove you.
- Sending the application to the Board's general inbox or applying before the case has been directed to an oral hearing. Both are grounds for the application not being accepted.
- Forgetting that a recall case may carry a live criminal investigation. The 2026 Shepherd decision was delayed pending a charging decision; if proceedings are active, the Contempt of Court Act 1981 applies to your report of the hearing just as it would to any other publication.
For the wider framework, see our contempt in active proceedings guide and our guide to challenging reporting restrictions.
Primary sources
- Parole Board Rules 2019, rule 15 — public and private hearings and location
- Parole Board Rules 2019, rule 27 — disclosure of reasons; prohibition on naming participants
- Parole Board Rules 2019, rule 14 — observers
- Parole Board (Amendment) Rules 2022 (SI 2022/717) — the instrument that enabled public hearings
- gov.uk — Applying for a parole review to be public (form, inbox, 12-week rule)
- Parole Board — Guidance on procedure governing the making of a public hearing decision (March 2026, v2.0)
- Parole Board — Observing a public parole hearing: what you need to know (information sheet)
- Parole Board — Public hearings guidance for members (October 2023, v1.0)
- gov.uk — Applications for public parole hearings (register of decisions, summaries and redacted decisions)
- Parole Board — Decision in the application for Russell Causley's parole review to be public ([2022] PBPH 1)
- Parole Board — Summary following the public hearing for Russell Causley
- Parole Board — Summary following the public hearing for Charles Salvador
- Parole Board — Application for a public hearing in the case of Jack Shepherd ([2026] PBPH 9)
- gov.uk — Parole Board decision summaries (how to request)
- HMPPS — Parole Board oral hearing administration and attendance policy framework (re-issued 31 July 2025)
- Data Protection Act 2018, s.170 — unlawful obtaining etc of personal data
Frequently asked questions
Can journalists attend Parole Board hearings?
How do I apply for a parole hearing to be held in public?
Who decides, and what is the test?
Can I name the witnesses, the probation officers or the panel members?
Can I record or screenshot the live stream?
Will I hear the decision at the hearing?
Which was the first public parole hearing?
Can I challenge a refusal to hold a hearing in public?
Related guides
Primary sources
- Parole Board Rules 2019, rule 15— legislation.gov.uk
- Parole Board Rules 2019, rule 27— legislation.gov.uk
- Parole Board Rules 2019, rule 14— legislation.gov.uk
- Parole Board (Amendment) Rules 2022 (SI 2022/717)— legislation.gov.uk
- Applying for a parole review to be public— Parole Board (gov.uk)
- Guidance on procedure governing the making of a public hearing decision (March 2026)— Parole Board (gov.uk)
- Observing a public parole hearing — information sheet— Parole Board (gov.uk)
- Public hearings guidance for members (October 2023)— Parole Board (gov.uk)
- Applications for public parole hearings — register of decisions— Parole Board (gov.uk)
- Public hearing decision — Russell Causley ([2022] PBPH 1)— Parole Board (gov.uk)
- Summary following the public hearing — Russell Causley— Parole Board (gov.uk)
- Summary following the public hearing — Charles Salvador— Parole Board (gov.uk)
- Public hearing decision — Jack Shepherd ([2026] PBPH 9)— Parole Board (gov.uk)
- Parole Board decision summaries— Parole Board (gov.uk)
- Parole Board oral hearing administration and attendance policy framework— HMPPS (gov.uk)
- Data Protection Act 2018, s.170— legislation.gov.uk
Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.