Northern Ireland (Sentences) Bill

House of Commons

Session 1997-98
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Northern Ireland (Sentences) Bill

A
B I L L
[AS AMENDED IN COMMITTEE]
TO
Make provision about the release on licence of certain persons serving sentences of imprisonment in Northern Ireland.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Sentence Review Commissioners

Sentence Review Commissioners.     1. - (1) The Secretary of State shall appoint Sentence Review Commissioners, and one of them shall be appointed chairman.

    (2) The Secretary of State shall so far as reasonably practicable ensure that at any time-

(a) at least one of the Commissioners is a lawyer, and

(b) at least one is a psychiatrist or a psychologist.

    (3) In making appointments the Secretary of State shall have regard to the desirability of the Commissioners, as a group, commanding widespread acceptance throughout the community in Northern Ireland.

    (4) Schedule 1 (which makes further provision about the Commissioners) shall have effect.

    (5) In subsection (2)(a) "lawyer" means a person who holds a legal qualification in the United Kingdom.

Commissioners' procedure.     2. Schedule 2 (which makes provision about the procedure to be followed in relation to the Commissioners' functions) shall have effect.

Eligibility for release

Applications.     3. - (1) A prisoner may apply to Commissioners for a declaration that he is eligible for release in accordance with the provisions of this Act.

    (2) The Commissioners shall grant the application if (and only if)-

(a) the prisoner is serving a sentence of imprisonment for a fixed term in Northern Ireland and the first three of the following four conditions are satisfied, or

(b) the prisoner is serving a sentence of imprisonment for life in Northern Ireland and the following four conditions are satisfied.

    (3) The first condition is that the sentence-

(a) was passed in Northern Ireland for a qualifying offence, and

(b) is one of imprisonment for life or for a term of at least five years.

    (4) The second condition is that the prisoner is not a supporter of a terrorist organisation.

    (5) The third condition is that, if the prisoner were released immediately, he would not be likely-

(a) to become a supporter of a terrorist organisation, or

(b) to become concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland.

    (6) The fourth condition is that, if the prisoner were released immediately, he would not be a danger to the public.

    (7) A qualifying offence is an offence which-

(a) was committed before 10th April 1998,

(b) was when committed a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973, 1978, 1991 or 1996 , and

(c) was not the subject of a certificate of the Attorney General for Northern Ireland that it was not to be treated as a scheduled offence in the case concerned.

    (8) A terrorist organisation is an organisation specified by order of the Secretary of State; and he may specify only organisations which he believes-

(a) are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and

(b) have not established or are not maintaining a complete and unequivocal ceasefire.

    (9) In applying subsection (8)(b) the Secretary of State shall in particular take into account whether an organisation-

(a) is committed to the use now and in the future of only democratic and peaceful means to achieve its objectives;

(b) has ceased to be involved in any acts of violence or of preparation for violence;

(c) is directing or promoting acts of violence committed by other organisations;

(d) is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997.

    (10) The Secretary of State shall from time to time review the list of organisations specified under subsection (8); and if he believes-

(a) that paragraph (a) or (b) of that subsection does not apply to a specified organisation, or

(b) that paragraphs (a) and (b) apply to an organisation which is not specified,

he shall make a new order under subsection (8).

Fixed term prisoners.     4. - (1) If a fixed term prisoner is granted a declaration in relation to a sentence he has a right to be released on licence (so far as that sentence is concerned) on the day on which he has served-

(a) one third of his sentence, plus

(b) one day for every day of remission which he has lost, and not had restored, in accordance with prison rules.

    (2) If the day arrived at under subsection (1) falls on or before the day of the declaration, the prisoner's right to be released under that subsection is a right to be released by the end of the day after the day of the declaration.

    (3) If a prisoner would have a right to be released on or by the end of a listed day he has a right to be released on or by the end of the next non-listed day; and the listed days are-

(a) Saturday,

(b) Sunday,

(c) Christmas Day,

(d) Good Friday, and

(e) a public holiday in Northern Ireland.

    (4) If a prisoner is released on licence under this section his sentence shall expire (and the licence shall lapse) at the time when he could have been discharged on the ground of good conduct under prison rules.

Fixed term prisoners: special cases.     5. - (1) If the length of a sentence is treated as reduced by a period of custody in accordance with section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 (duration of sentence) for the purposes of section 4(1) above the period of custody must be treated as having been served as part of the sentence.

    (2) If a sentence of at least five years is supplemented by a period of imprisonment in accordance with section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996 (conviction of scheduled offence during period of remission) for the purposes of section 4(1) above the supplementary period must be treated as part of the sentence.

    (3) If-

(a) a sentence of less than five years is supplemented by a period of imprisonment in accordance with section 16(2) of the 1996 Act, and

(b) the supplementary period relates to an earlier sentence of at least five years for a qualifying offence (within the meaning of section 3 above),

the prisoner may make an application under section 3 in respect of the supplementary period and the application shall be granted if (and only if) the second and third conditions are satisfied.

    (4) References in this section to section 16(2) of the 1996 Act include references to-

(a) section 23(2) of the Prevention of Terrorism (Temporary Provisions) Act 1989, and

(b) section 15(2) of the Northern Ireland (Emergency Provisions) Act 1991.

© Parliamentary copyright 1998
Prepared 18 June 1998

Northern Ireland (Sentences) Bill

	A B I L L [AS AMENDED IN COMMITTEE] TO Make provision about the release on licence of certain persons serving sentences of imprisonment in Northern Ireland. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	Sentence Review Commissioners
Sentence Review Commissioners.	1. - (1) The Secretary of State shall appoint Sentence Review Commissioners, and one of them shall be appointed chairman.
	(2) The Secretary of State shall so far as reasonably practicable ensure that at any time-
	(a) at least one of the Commissioners is a lawyer, and
	(b) at least one is a psychiatrist or a psychologist.
	(3) In making appointments the Secretary of State shall have regard to the desirability of the Commissioners, as a group, commanding widespread acceptance throughout the community in Northern Ireland.
	(4) Schedule 1 (which makes further provision about the Commissioners) shall have effect.
	(5) In subsection (2)(a) "lawyer" means a person who holds a legal qualification in the United Kingdom.
Commissioners' procedure.	2. Schedule 2 (which makes provision about the procedure to be followed in relation to the Commissioners' functions) shall have effect.
	Eligibility for release
Applications.	3. - (1) A prisoner may apply to Commissioners for a declaration that he is eligible for release in accordance with the provisions of this Act.
	(2) The Commissioners shall grant the application if (and only if)-
	(a) the prisoner is serving a sentence of imprisonment for a fixed term in Northern Ireland and the first three of the following four conditions are satisfied, or
	(b) the prisoner is serving a sentence of imprisonment for life in Northern Ireland and the following four conditions are satisfied.
	(3) The first condition is that the sentence-
	(a) was passed in Northern Ireland for a qualifying offence, and
	(b) is one of imprisonment for life or for a term of at least five years.
	(4) The second condition is that the prisoner is not a supporter of a terrorist organisation.
	(5) The third condition is that, if the prisoner were released immediately, he would not be likely-
	(a) to become a supporter of a terrorist organisation, or
	(b) to become concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland.
	(6) The fourth condition is that, if the prisoner were released immediately, he would not be a danger to the public.
	(7) A qualifying offence is an offence which-
	(a) was committed before 10th April 1998,
	(b) was when committed a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973, 1978, 1991 or 1996 , and
	(c) was not the subject of a certificate of the Attorney General for Northern Ireland that it was not to be treated as a scheduled offence in the case concerned.
	(8) A terrorist organisation is an organisation specified by order of the Secretary of State; and he may specify only organisations which he believes-
	(a) are concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and
	(b) have not established or are not maintaining a complete and unequivocal ceasefire.
	(9) In applying subsection (8)(b) the Secretary of State shall in particular take into account whether an organisation-
	(a) is committed to the use now and in the future of only democratic and peaceful means to achieve its objectives;
	(b) has ceased to be involved in any acts of violence or of preparation for violence;
	(c) is directing or promoting acts of violence committed by other organisations;
	(d) is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997.
	(10) The Secretary of State shall from time to time review the list of organisations specified under subsection (8); and if he believes-
	(a) that paragraph (a) or (b) of that subsection does not apply to a specified organisation, or
	(b) that paragraphs (a) and (b) apply to an organisation which is not specified,
	he shall make a new order under subsection (8).
Fixed term prisoners.	4. - (1) If a fixed term prisoner is granted a declaration in relation to a sentence he has a right to be released on licence (so far as that sentence is concerned) on the day on which he has served-
	(a) one third of his sentence, plus
	(b) one day for every day of remission which he has lost, and not had restored, in accordance with prison rules.
	(2) If the day arrived at under subsection (1) falls on or before the day of the declaration, the prisoner's right to be released under that subsection is a right to be released by the end of the day after the day of the declaration.
	(3) If a prisoner would have a right to be released on or by the end of a listed day he has a right to be released on or by the end of the next non-listed day; and the listed days are-
	(a) Saturday,
	(b) Sunday,
	(c) Christmas Day,
	(d) Good Friday, and
	(e) a public holiday in Northern Ireland.
	(4) If a prisoner is released on licence under this section his sentence shall expire (and the licence shall lapse) at the time when he could have been discharged on the ground of good conduct under prison rules.
Fixed term prisoners: special cases.	5. - (1) If the length of a sentence is treated as reduced by a period of custody in accordance with section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 (duration of sentence) for the purposes of section 4(1) above the period of custody must be treated as having been served as part of the sentence.
	(2) If a sentence of at least five years is supplemented by a period of imprisonment in accordance with section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996 (conviction of scheduled offence during period of remission) for the purposes of section 4(1) above the supplementary period must be treated as part of the sentence.
	(3) If-
	(a) a sentence of less than five years is supplemented by a period of imprisonment in accordance with section 16(2) of the 1996 Act, and
	(b) the supplementary period relates to an earlier sentence of at least five years for a qualifying offence (within the meaning of section 3 above),
	the prisoner may make an application under section 3 in respect of the supplementary period and the application shall be granted if (and only if) the second and third conditions are satisfied.
	(4) References in this section to section 16(2) of the 1996 Act include references to-
	(a) section 23(2) of the Prevention of Terrorism (Temporary Provisions) Act 1989, and
	(b) section 15(2) of the Northern Ireland (Emergency Provisions) Act 1991.