The application process

The prisoner may make an application to the Commissioners on the appropriate application form which is available to download here ( Initial Application, Further Application and Recall Application). The completed form and any additional papers should be submitted to the Commissioners. A copy of the application should also be submitted and the original should be marked as ‘original’.

Schedule 1 to the Rules requires that the application form should include the following information:

  1. A completed standard application form appropriate to the application in question signed and dated by the Applicant, or his representatives stating:
    1. name and address of the Applicant;
    2. the section of the Act under which the application is made.
    3. The sentence or sentences in respect of which the person concerned is applying for a declaration (where a prisoner is recalled to prison the offence detailed should be the 'index' offence).
    4. The grounds on which the application is made and any outline submissions which the Applicant wishes to make in support thereof.
    5. whether the application is a further application and if so the basis on which it is claimed that the Commissioners have jurisdiction to determine it.
    6. whether the Applicant has appointed any person to act as his representative; whether that person falls within sub-paragraph (a), (b), (c) of rule 5(2) and, if he does, a request that the Commissioner consent to him acting as representative of the person concerned; and whether any representative will appear at any hearing before the Commissioners.
    7. (if applicable), the name, address and occupation of the Applicant's representative and whether any documents required or authorised by these Rules to be served on or otherwise transmitted to the Applicant should be sent to the representative instead.
    8. The name, address and occupation of any witness whom the Applicant would wish to call at any substantive hearing before the Commissioners and the substance of the evidence he would propose to adduce.
  2. Any supporting information or documents which the Applicant wishes to rely on in support of the application. Any written decision notices and accompanying reasons previously given by the Commissioners or Secretary of State under section 11 of the Act in relation to the person concerned.

Fee Structure for Legal Aid

The Rules make provision for the award of legal aid for legal advice or representation in relation to applications and proceedings under the Act.

The power to grant an award of legal aid rests with the Commissioners and the Secretary of State is required to pay the amount awarded within the terms of any legal aid direction given by the Commissioners. Information in relation to the criteria, the fee structure and the procedure in relation to an application for legal aid is made available to all Applicants. The guidance should be read in advance of any application for legal aid being submitted. A completed application for legal aid will only be processed when accompanied with the signed legal aid declaration. Both forms and guidance on the fee structure for legal aid are available in the guidance for legal aid.

It should be noted that Legal Aid will not be granted retrospectively. A declaration from the Legal Representative must be signed and submitted with the completed application from B.

Response Papers

The next stage of the process is that an original and one copy set of Response papers must be provided to the Commissioners by the Respondent within a set time frame. The response papers should include the following information and documents specified in Schedule 2 to the Rules:

  1.  A completed standard response form appropriate to the application in question signed and dated by the Respondent or his representative stating:
    1. Any outline submissions which the Respondent wishes to make in response to the Application.
    2. Any outline submissions which the Respondent wishes to make on the subject of whether the application is a further application and if so the basis on which it is claimed that the Commissioners have jurisdiction to determine it.
    3. Whether the Respondent has appointed any person to act as his/her representative; whether that person falls within sub-paragraph (a), (b) or (c) or rule 5(2) and, if he/she does, a request that the Commissioners consent to him/her acting as representative of the person concerned; and whether any representative will appear at any hearing before the Commissioners; 
    4. (Where applicable), the name, address and occupation of the Respondent’s representative and whether any document required or authorised by these Rules to be served on or otherwise transmitted to the Respondent should be sent to the representative instead;
    5. The name, address and occupation of any witness whom the Respondent would wish to call at any substantive hearing before the Commissioner and the substance of the evidence he/she would propose to adduce.
  2. Any supporting information or documents which the Respondent wishes to rely on in response to the application.

Detailed provisions on matters such as the timetable for the progress of the case, the submission and production of further evidence by the parties, the listing, location and adjournment of hearings and the non-disclosure of damaging information are to be found in the Rules.