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| Made | 18th July 2001 | ||
| Coming into operation in accordance with Article 1(2) |
| 1. | Title and commencement. |
| 2. | Interpretation. |
| 3. | Life Sentence Review Commissioners. |
| 4. | Commissioners' procedure. |
| 5. | Determination of tariffs. |
| 6. | Duty to release certain life prisoners. |
| 7. | Power to release life prisoners on compassionate grounds. |
| 8. | Duration and conditions of licences. |
| 9. | Recall of life prisoners while on licence. |
| 10. | Life prisoners transferred to Northern Ireland. |
| 11. | Existing life prisoners. |
| 12. | Existing licensees. |
| 13. | Amendment and repeals. |
| Schedule 1 - | Commissioners. |
| Schedule 2 - | Commissioners' procedure. |
| Schedule 3 - | Repeals. |
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998[1] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
Title and commencement
1. - (1) This Order may be cited as the Life Sentences (Northern Ireland) Order 2001.
(2) This Order shall come into operation on such day as the Secretary of State may by order appoint.
(3) An order under paragraph (2) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into operation by the order.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954[2] shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Northern Ireland Assembly.
(2) In this Order -
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"the appointed day" means the day on which this Order comes into operation;
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"the Commissioners" means the Life Sentence Review Commissioners;
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"the release provisions" means the provisions of paragraphs (3) to (7) of Article 6;
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"life prisoner" means a person serving one or more life sentences;
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"life sentence" means either of the following imposed for an offence, whether committed before or after the appointed day, namely -
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(a) a sentence of imprisonment for life;
(b) a sentence of detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998[3];
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"prison" includes -
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(a) a young offenders centre; and
(b) any other place in which a person may be detained under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.
Life Sentence Review Commissioners
3. - (1) The Secretary of State shall appoint Life Sentence Review Commissioners.
(2) The Secretary of State shall so far as reasonably practicable ensure that at any time -
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(a) at least one of the Commissioners is a person who holds or has held judicial office in any part of the United Kingdom or who is -
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(i) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing; or
(ii) an advocate or solicitor in Scotland of at least ten years' standing; or
(iii) a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990[4];
(b) at least one is a registered medical practitioner who is a psychiatrist;
(c) at least one is a chartered psychologist;
(d) at least one is a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and
(e) at least one is a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
(3) The Commissioners shall -
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(a) advise the Secretary of State with respect to any matter referred to them by him which is connected with the release or recall of life prisoners; and
(b) have the functions conferred by Part III.
(4) In discharging any functions under this Order the Commissioners shall -
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(a) have due regard to the need to protect the public from serious harm from life prisoners; and
(b) have regard to the desirability of -
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(i) preventing the commission by life prisoners of further offences; and
(ii) securing the rehabilitation of life prisoners.
(5) Schedule 1 (which makes further provision about the Commissioners) shall have effect.
(6) In paragraph (2) -
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"chartered psychologist" means a person for the time being listed in the British Psychological Society's Register of Chartered Psychologists;
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"registered medical practitioner" means a fully registered person within the meaning of the Medical Act 1983[5].
Commissioners' procedure
4.
Schedule 2 (which makes provision about the procedure to be followed in relation to the Commissioners' functions) shall have effect.
Determination of tariffs
5. - (1) Where a court passes a life sentence, the court shall, unless it makes an order under paragraph (3), order that the release provisions shall apply to the offender in relation to whom the sentence has been passed as soon as he has served the part of his sentence which is specified in the order.
(2) The part of a sentence specified in an order under paragraph (1) shall be such part as the court considers appropriate to satisfy the requirements of retribution and deterrence having regard to the seriousness of the offence, or of the combination of the offence and one or more offences associated with it.
(3) If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under paragraph (1), the court shall order that, subject to paragraphs (4) and (5), the release provisions shall not apply to the offender.
(4) If, in a case where an order under paragraph (3) is in force, the offender was aged over 18 when he committed the offence, the Secretary of State may at the appropriate stage direct that the release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.
(5) If, in a case where an order under paragraph (3) is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.
(6) The appropriate stage, for the purposes of paragraphs (4) and (5), is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.
(7) An offence is associated with another for the purposes of this Article if -
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(a) the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
(b) the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
(8) This Article has effect in relation to life sentences passed after the appointed day.
Duty to release certain life prisoners
6. - (1) In this Order -
-
(a) references to a life prisoner to whom this Article applies are references to a life prisoner in respect of whom -
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(i) an order has been made under paragraph (1) of Article 5; or
(ii) a direction under paragraph (4) or (5) of that Article has been given; and
(b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction,
and in this Article "appropriate stage", in relation to such a direction, has the same meaning as in Article 5(6).
(2) But if a life prisoner is serving two or more life sentences -
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(a) he is not to be treated for the purposes of this Order as a life prisoner to whom this Article applies unless such an order or direction has been made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; and
(b) the release provisions do not apply in relation to him until he has served the relevant part of each of them.
(3) As soon as -
-
(a) a life prisoner to whom this Article applies has served the relevant part of his sentence; and
(b) the Commissioners have directed his release under this Article,
it shall be the duty of the Secretary of State to release him on licence.
(4) The Commissioners shall not give a direction under paragraph (3) with respect to a life prisoner to whom this Article applies unless -
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(a) the Secretary of State has referred the prisoner's case to the Commissioners; and
(b) the Commissioners are satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined.
(5) A life prisoner to whom this Article applies may require the Secretary of State to refer his case to the Commissioners at any time -
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(a) after he has served the relevant part of his sentence; and
(b) where there has been a previous reference of his case to the Commissioners, after the end of the period of two years beginning with the disposal of that reference; and
(c) where he is also serving a sentence of imprisonment or detention for a term, after the time when, but for his life sentence, he would be entitled to be released,
and in this paragraph "previous reference" means a reference under paragraph (4) or Article 9(4).
(6) In determining for the purpose of this Article whether a life prisoner to whom this Article applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large, unless the Secretary of State otherwise directs.
(7) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment or detention, nothing in this Order shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.
Power to release life prisoners on compassionate grounds
7.
- (1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.
(2) Before releasing a life prisoner under paragraph (1), the Secretary of State shall consult the Commissioners, unless the circumstances are such as to render such consultation impracticable.
Duration and conditions of licences
8. - (1) Where a life prisoner is released on licence, the licence shall, unless previously revoked under Article 9(1) or (2), remain in force until his death.
(2) A life prisoner subject to a licence shall comply with such conditions (which may include on his release conditions as to his supervision by a probation officer) as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any descriptions of such persons.
(3) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a life prisoner, or vary or cancel any such condition, except in accordance with recommendations of the Commissioners.
(4) Rules made under paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[6] shall apply accordingly.
Recall of life prisoners while on licence
9. - (1) If recommended to do so by the Commissioners, in the case of a life prisoner who has been released on licence, the Secretary of State may revoke his licence and recall him to prison.
(2) The Secretary of State may revoke the licence of any life prisoner and recall him to prison without a recommendation by the Commissioners, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
(3) A life prisoner recalled to prison under this Article -
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(a) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations; and
(b) may make representations in writing to the Secretary of State with respect to his recall.
(4) The Secretary of State shall refer the case of a life prisoner recalled under this Article to the Commissioners.
(5) Where on a reference under paragraph (4) the Commissioners direct the immediate release of a life prisoner on licence under this Article, the Secretary of State shall give effect to the direction.
(6) On the revocation of the licence of any life prisoner under this Article, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
Life prisoners transferred to Northern Ireland
10. - (1) This Article applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if -
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(a) the prisoner's offence had been committed after the appointed day; and
(b) he had been sentenced for it in Northern Ireland,
the court by which he was so sentenced would have ordered that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.
(2) This Article also applies where, in the case of a transferred life prisoner, the Secretary of State certifies his opinion that, if -
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(a) the prisoner's offence had been committed after the appointed day; and
(b) he had been sentenced for it in Northern Ireland,
the Secretary of State would have directed that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.
(3) In a case to which this Article applies, this Order shall apply as if -
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(a) the transferred life prisoner were a life prisoner to whom Article 6 applies; and
(b) the relevant part of his sentence within the meaning of Article 6 were the part specified in the certificate.
(4) In this Article "transferred life prisoner" means a person -
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(a) on whom a court in a country or territory outside Northern Ireland has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
(b) who has been transferred to Northern Ireland, in pursuance of -
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(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884[7]; or
(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984[8], or
(iii) an order made by the Secretary of State under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997[9] where the transfer is an unrestricted transfer for the purposes of Part II of that Schedule,
there to serve his sentence or sentences or the remainder of his sentence or sentences.
(5) A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a life prisoner to whom Article 6 applies unless the requirements of paragraph (1) or (2) are satisfied as respects each of those sentences; and the release provisions shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
Existing life prisoners
11.
- (1) This Article applies where, in the case of an existing life prisoner, the Secretary of State, after consultation with the Lord Chief Justice and the trial judge if available, certifies his opinion that, if this Order had been in operation at the time when he was sentenced, the court by which he was sentenced would have ordered that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.
(2) This Article also applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if this Order had been in operation at the time when he was sentenced, the Secretary of State would have directed that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.
(3) In a case to which this Article applies, this Order shall apply as if -
-
(a) the existing life prisoner were a life prisoner to whom Article 6 applies; and
(b) the relevant part of his sentence within the meaning of Article 6 were the part specified in the certificate.
(4) In this Article "existing life prisoner" means a life prisoner serving one or more life sentences passed before the appointed day but does not include a life prisoner -
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(a) who had been recalled to prison under section 23 of the Prison (Northern Ireland) Act 1953[10] and who is not an existing licensee; or
(b) whose licence has been revoked under Article 46(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998[11] and who is not an existing licensee.
(5) Paragraphs (3) to (5) of Article 9 shall have effect as if any life prisoner -
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(a) who has been recalled to prison under section 23 of the Prison Act (Northern Ireland) 1953[12] and is not an existing licensee; or
(b) whose licence has been revoked under Article 46(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998[13] and who is not an existing licensee,
had been recalled to prison under Article 9 on the appointed day.
(6) An existing life prisoner who is serving two or more life sentences passed before the appointed day shall not be treated as a life prisoner to whom Article 6 applies unless the requirements of paragraph (1) or (2) are satisfied as respects each of those sentences: and the release provisions shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
(7) In this Article "existing licensee" has the same meaning as in Article 12(1).
Existing licensees
12.
- (1) This Order shall apply to an existing licensee as it applies to a person who is released on licence under this Order.
(2) In paragraph (1), "existing licensee" means any life prisoner who, before the appointed day, has been released under section 23 of the Prison Act (Northern Ireland) 1953 or discharged on licence under Article 46 of the Criminal Justice (Children) (Northern Ireland) Order 1998 and whose licence is in force on the appointed day.
Amendment and repeals
13.
- (1) In Article 46(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (discharge on licence) for the words "Article 45" there shall be substituted the words "Article 45(2)".
(2) The statutory provisions set out in Schedule 3 are repealed to the extent specified in the third column of that Schedule.
A. K. Galloway
Clerk of the Privy Council
1. The Secretary of State shall appoint a chairman from among the Commissioners.
2. A Commissioner -
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(a) shall hold office in accordance with the terms of his appointment; and
(b) may resign by notice in writing to the Secretary of State.
3.
The Secretary of State may, after consultation with the Lord Chief Justice, dismiss a Commissioner if satisfied -
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(a) that he has without reasonable excuse failed to carry out his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;
(b) that he has been convicted of a criminal offence;
(c) that a bankruptcy order has been made against him, or his estate had been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d) that he is unable or unfit to carry out his functions.
4.
- (1) The Secretary of State shall pay such remuneration, fees and allowances as he thinks fit to or in respect of a Commissioner.
(2) If a Commissioner resigns in accordance with paragraph 2(b), the Secretary of State may pay him compensation if in the Secretary of State's opinion special circumstances make it appropriate.
5. The Secretary of State shall provide for the Commissioners the services of such staff, and the use of such premises and other facilities, as he thinks appropriate.
6. - (1) The chairman shall, as soon as reasonably practicable after the end of each financial year, make a report to the Secretary of State on the performance of the Commissioners' functions during the year.
(2) The Secretary of State shall lay a copy of the report before each House of Parliament.
(3) In sub-paragraph (1) "financial year" means -
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(a) the period starting with the date on which the first Commissioner is appointed and ending on 31st March following that date, and
(b) each successive period of twelve months.
7.
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975[14] (other disqualifying offices) at the appropriate place insert -
-
"
Life Sentence Review Commissioner".
8.
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975[15] (other disqualifying offices) at the appropriate place insert -
-
"
Life Sentence Review Commissioner".
1. - (1) The Secretary of State may make rules prescribing the procedure to be followed in relation to proceedings of the Commissioners under this Order, and in particular rules may -
-
(a) make provision for the matters set out in this Schedule;
(b) confer functions on the chairman.
(2) Rules under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[16] shall apply accordingly.
2. The rules may provide -
-
(a) for the allocation of proceedings to panels of Commissioners;
(b) for the taking of specified decisions by a single Commissioner.
3.
The rules may make provision about evidence and information, including provision -
-
(a) requiring Commissioners to send to the Secretary of State copies of such documents as the rules may specify;
(b) requiring the Secretary of State to provide specified information to Commissioners;
(c) for the giving of evidence by or on behalf of the Secretary of State, the Police Service of Northern Ireland and others;
(d) about the way in which information or evidence is to be given;
(e) for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;
(f) preventing a person from calling any witness without leave of Commissioners.
4.
The rules may provide for proceedings to be held in private except where Commissioners direct otherwise.
5.
The rules may prevent a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner.
6.
- (1) The rules may permit Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by him.
(2) Where a prisoner and any representative appointed by him are excluded from proceedings by virtue of sub-paragraph (1), the Attorney General may appoint a person to represent the prisoner's interests in those proceedings.
(3) A person appointed under sub-paragraph (2) shall not be responsible to the prisoner whose interests he represents.
| Chapter or Number | Short title | Extent of repeal |
| 1953 c.18 (N.I.). | Prison Act (Northern Ireland) 1953. | Section 23. |
| 1973 c.53. | Northern Ireland (Emergency Provisions) Act 1973. | In section 1, subsections (2) and (3). |
| 1998 N.I. 9. | Criminal Justice (Children) (Northern Ireland) Order 1998. | In Schedule 5, paragraph 6(b). |
(This note is not part of the Order)
This Order provides for the release and recall of persons serving a sentence of life imprisonment or detention during the pleasure of the Secretary of State.
Notes:
[1] 1998 c.47.back
ISBN 0 11 029747 4
Crown copyright 2001
Prepared 27 July 2001