Counter-Terrorism and Sentencing Act 2021

Parole Commissioners' Rules (Northern Ireland) 2009 (S.R. (N.I.) 2009 No. 82) U.K.

76 (1) The Parole Commissioners' Rules (Northern Ireland) 2009 are amended as follows. U.K.

(2) In rule 2(1) (application of the rules), after “Articles 18” insert “ , 20A ”.

(3) In rule 7(2) (persons who may act as representatives of prisoner only with consent of Chief Commissioner), in paragraph (b), for the words from “sentenced to” to the end substitute “who —

(i) is on licence having been released under Article 18 or 20A of the 2008 Order, or

(ii) is a person to whom Article 18 or 20A of that Order applies and who is on licence having been released under Article 20 of that Order;”.

(4) In rule 25 (application of rules to recalled life, indeterminate and extended custodial prisoners)—

(a) in the heading after “custodial” insert “ and terrorist ”;

(b) in the words before paragraph (a), for “an indeterminate custodial or extended custodial prisoner's case” substitute “ the case of a prisoner who was released on licence under Article 18 or 20A of the 2008 Order ”.

(5) In rule 26 (short custodial terms)—

(a) for paragraph (1) substitute—

“(1) Subject to paragraph (2), where—

(a) the Department of Justice refers to the Commissioners—

(i) the case of an extended custodial prisoner under Article 18 of the 2008 Order, or

(ii) the case of any prisoner under Article 20A of that Order, and

(b) the relevant part of the prisoner's sentence is less than 26 weeks;

these rules shall apply subject to the modifications made by rule 25(a).”;

(b) after paragraph (2) insert—

“(3) For the purposes of paragraph (1)(b), the “relevant part of the sentence”—

(a) in the case of an extended custodial prisoner to whom Article 18 of the 2008 Order applies, means one half of the appropriate custodial term of the sentence as defined by Article 14(4) or 14(6) of that Order;

(b) in the case of a prisoner to whom Article 20A of that Order applies, has the meaning given by paragraph (9) of that Article;

and in determining the length of that part any reduction required by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 is to be taken into account.”