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| Life prisoners. |
6. - (1) When Commissioners grant a declaration to a life prisoner in relation to a sentence they must specify a day which they believe marks the elapse of about two thirds of the period which the prisoner would have been likely to spend in prison under the sentence.
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(2) The prisoner has a right to be released on licence (so far as that sentence is concerned)-
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(a) on the day specified under subsection (1), or |
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(b) if that day falls on or before the day of the declaration, by the end of the day after the day of the declaration. |
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(3) But if he would have a right to be released on or by the end of a listed day (within the meaning of section 4(3)) he has a right to be released on or by the end of the next non-listed day.
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| Life prisoners: specified dates. |
7. - (1) The Secretary of State must inform the Commissioners of the length of time served by persons-
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(a) sentenced in Northern Ireland to imprisonment for life, and |
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(b) released on licence after 1982 and before 1999. |
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(2) In specifying a date under section 6(1) Commissioners must have regard to-
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(a) information given under subsection (1) above, and |
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(b) previous decisions of Commissioners. |
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(3) Before Commissioners specify a date under section 6(1) the Secretary of State may notify them of cases which he believes are particularly relevant in the prisoner's case; and the Commissioners may take the notification into account.
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| Revocation of declaration. |
8. - (1) The Secretary of State shall apply to Commissioners to revoke a declaration under section 3(1) if, at any time before the prisoner is released under section 4 or 6, the Secretary of State believes-
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(a) that as a result of an order under section 3(8), or a change in the prisoner's circumstances, an applicable condition in section 3 is not satisfied, or |
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(b) that evidence or information which was not available to the Commissioners when they granted the declaration suggests that an applicable condition in section 3 is not satisfied. |
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(2) The Commissioners shall grant an application under this section if (and only if) the prisoner has not been released under section 4 or 6 and they believe-
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(a) that as a result of an order under section 3(8), or a change in the prisoner's circumstances, an applicable condition in section 3 is not satisfied, or |
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(b) that evidence or information which was not available to them when they granted the declaration suggests that an applicable condition in section 3 is not satisfied. |
| Licences: conditions. |
9. - (1) A person's licence under section 4 or 6 is subject only to the conditions-
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(a) that he does not support a terrorist organisation (within the meaning of section 3), |
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(b) that he does not become concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland, and |
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(c) in the case of a life prisoner, that he does not become a danger to the public. |
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(2) The Secretary of State may suspend a licence under section 4 or 6 if he believes the person concerned has broken or is likely to break a condition imposed by this section.
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(3) Where a person's licence is suspended-
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(a) he shall be detained in pursuance of his sentence and, if at large, shall be taken to be unlawfully at large, and |
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(b) Commissioners shall consider his case. |
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(4) On consideration of a person's case-
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(a) if the Commissioners think he has not broken and is not likely to break a condition imposed by this section, they shall confirm his licence, and |
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(b) otherwise, they shall revoke his licence. |
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(5) Where a person's licence is confirmed-
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(a) he has a right to be released (so far as the relevant sentence is concerned) by the end of the day after the day of confirmation, or |
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(b) if he is at large, he has a right (so far as the relevant sentence is concerned) to remain at large. |
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(6) But if he would have a right to be released by the end of a listed day (within the meaning of section 4(3)) he has a right to be released by the end of the next non-listed day.
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(7) Detention during suspension of a licence shall not be made unlawful by the subsequent confirmation of the licence.
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Release: further provisions |
| Accelerated release. |
10. - (1) This section applies if-
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(a) a prisoner is granted a declaration in relation to a sentence, and |
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(b) the day on which he has a right to be released under section 4 or 6 (so far as that sentence is concerned) falls after the accelerated release day. |
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(2) He has a right to be released under the section concerned (so far as that sentence is concerned) on the accelerated release day.
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(3) But if the accelerated release day is a listed day (within the meaning of section 4(3)) he has a right to be released on the next non-listed day.
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(4) In the case of a sentence passed before the day on which this Act comes into force, the accelerated release day is the second anniversary of that day.
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(5) In the case of a sentence-
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(a) passed after the day on which this Act comes into force, and |
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(b) treated in accordance with section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 as reduced by a period of custody beginning before the day on which this Act comes into force, |
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the accelerated release day is the second anniversary of that day.
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(6) In the case of any other sentence passed after the day on which this Act comes into force, the accelerated release day is the second anniversary of the start of the sentence (or the start of any period of custody by which the sentence is treated as reduced in accordance with section 26 of the 1968 Act).
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(7) The Secretary of State may by order amend subsections (4) to (6).
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(8) Nothing in this section shall permit the release of a prisoner following a declaration under section 3(1) before he has served two years of the sentence to which the declaration relates; and for that purpose any period of custody by which the sentence is treated as reduced in accordance with section 26 of the 1968 Act shall be treated as served as part of the sentence.
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