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The Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998

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Rule 7(1)

SCHEDULE 1INFORMATION AND DOCUMENTS REQUIRED TO MAKE UP A COMPLETE SET OF APPLICATION PAPERS

1.  A completed standard application form appropriate to the application in question signed and dated by the Applicant or his representative stating:

  • (a)

    The name and address of the Applicant.

    (b)

    The section of the Act under which the application is made.

    (c)

    The sentence or sentences in respect of which the person concerned is applying for a declaration.

    (d)

    The grounds on which the application is made and any outline submissions which the Applicant wishes to make in support thereof.

    (e)

    Whether the application is a further application and if so the basis on which it is claimed that the Commissioner have jurisdiction to determine it.

    (f)

    Whether the Applicant has appointed any person to act as his representative; whether that person falls within sub-paragraph (a), (b) or (c) of rule 5(2) and, if he does, a request that the Commissioner consent to him acting as representative of the person concerned; and whether any representative will appear at any hearing before the Commissioner.

    (g)

    (If applicable), the name, address and occupation of the Applicant’s representative and whether any document required or authorised by these Rules to be served on or otherwise transmitted to the Applicant should be sent to the representative instead.

    (h)

    The name, address and occupation of any witness whom the Applicant would wish to call at any substantive hearing before the Commissioner and the substance of the evidence he would propose to adduce.

2.  Any supporting information or documents which the Applicant wishes to rely on in support of the application.

3.  Any written decision notices and accompanying reasons previously given by the Commissioner or the Secretary of State under section 11 of the Act in relation to the person concerned.

Rule 8(1)

SCHEDULE 2INFORMATION AND DOCUMENTS REQUIRED TO MAKE UP A COMPLETE SET OF RESPONSE PAPERS

1.  A completed standard response form appropriate to the application in question signed and dated by the Respondent or his representative stating:

  • (a)

    Any outline submissions which the Respondent wishes to make in response to the application.

    (b)

    Any outline submissions which the Respondent wishes to make on the subject of whether the application is a further application and if so the basis on which it is claimed that the Commissioner have jurisdiction to determine it.

    (c)

    Whether the Respondent has appointed any person to act as his representative; whether that person falls within sub-paragraph (a), (b) or (c) of rule 5(2) and, if he does, a request that the Commissioner consent to him acting as representative of the person concerned; and whether any representative will appear at any hearing before the Commissioner.

    (d)

    (Where applicable), the name, address and occupation of the Respondent’s representative and whether any document required or authorised by these Rules to be served on or otherwise transmitted to the Respondent should be sent to the representative instead.

    (e)

    The name, address and occupation of any witness whom the Respondent would wish to call at any substantive hearing before the Commissioner and the substance of the evidence he would propose to adduce.

2.  Any supporting information or documents which the Respondent wishes to rely on in response to the application.

Rule 8(4)

SCHEDULE 3FURTHER INFORMATION AND DOCUMENTS TO BE INCLUDED IN THE RESPONSE PAPERS BY THE SECRETARY OF STATE IN CERTAIN CIRCUMSTANCES

PART IINFORMATION AND DOCUMENTS TO BE INCLUDED IN THE RESPONSE PAPERS BY THE SECRETARY OF STATE IN RELATION TO APPLICATIONS MADE UNDER SECTION 3 OF THE ACT

1.  The following information relating to the person concerned:

  • (a)

    The full name and date of birth of the person concerned.

    (b)

    The prison in which the person concerned is detained and details of other prisons in which the person concerned has been detained, the date and reasons for any transfer between prisons.

    (c)

    Details of the offence(s) in question, including whether it was 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 in question, the date it was imposed and the sentence(s) being served.

    (d)

    (Where applicable) the previous convictions, sentences, parole history (including periods of temporary release from prison), and release and recall history of the person concerned.

2.  (Where available) records or reports of the following:

  • (a)

    The comments of the trial judge in passing sentence on the person concerned.

    (b)

    The conclusions of the Court of Appeal in respect of any appeal by the person concerned against conviction or sentence.

3.  Any report on the person concerned made while or in respect of a period during which he was subject to a transfer direction under Article 53 of the Mental Health (Northern Ireland) Order 1986.

PART IIINFORMATION AND DOCUMENTS TO BE INCLUDED IN THE RESPONSE PAPERS BY THE SECRETARY OF STATE IN RELATION TO APPLICATIONS MADE UNDER SECTION 3 OF THE ACT WHERE THE PERSON CONCERNED IS SERVING A SENTENCE OF IMPRISONMENT FOR LIFE

1.  Information on the length of time served by persons sentenced in Northern Ireland to imprisonment for life and released on licence after 1982 and before 1999.

2.  Any information which the Secretary of State considers relevant to the case and wishes to draw to the attention of the Commissioner including:

  • (a)

    The length of any tariff fixed in respect of the person concerned where he was sentenced in England and Wales and has been transferred to Northern Ireland to serve his sentence.

    (b)

    In the case of persons sentenced in Northern Ireland, particularly relevant examples of the length of time served by persons sentenced in Northern Ireland to imprisonment for life and released on licence.

    (c)

    The likelihood of the person concerned being a danger to the public if released immediately.

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