Decision on when it is appropriate to consider and decide a VR application
- The decision on when it is appropriate to consider and decide a VR application is for the AT’s judgement, attaching such weight as they consider appropriate to any exceptional circumstances and relevant public protection considerations.
- Where the AT decides there are no exceptional circumstances, or where any relevant public protection considerations outweigh the exceptional circumstances, the AT should proceed to make findings of fact and then consider and decide the VR application.
- Where the AT decides there are exceptional circumstances that outweigh any public protection considerations, the AT can consider and decide the VR application before findings of fact are made, provided the hearing has commenced.8
8 This means that the hearing has reached and completed the stage at Rule 47(1)(b)(ii) of the Rules.