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The Criminal Justice (Northern Ireland) Order 2008
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The Criminal Justice (Northern Ireland) Order 2008, Section 20 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 Pt. 1 para. 31A renumbered as 31(B) by 2022 c. 19 (N.I.) Sch. 4 para. 3(a)
- art. 19(1A) inserted by 2015 c. 9 (N.I.) s. 82
- art. 45(1A) inserted by 2011 c. 24 (N.I.) s. 58(2)
Power to release certain prisoners on compassionate groundsN.I.
This section has no associated Explanatory Memorandum
20.—(1) The [F1Department of Justice] may, if satisfied that exceptional circumstances exist which justify the release of a prisoner to whom this Article applies on compassionate grounds, at any time release the prisoner on licence under this Article.
(2) This Articles applies to—
(a)a fixed-term prisoner; and
(b)a prisoner serving an indeterminate custodial sentence.
(3) The [F2Department of Justice] shall, before releasing a prisoner [F3to whom Article 18 or 20A applies] consult the Parole Commissioners unless the circumstances are such as to render such consultation impracticable.
(4) In this Article “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article.
[F4(5) The Secretary of State may notify the Department of Justice that a prisoner is not to be released under this Article without the Secretary of State's agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State's agreement.
(6) But the Secretary of State may—
(a)give a notification, or
(b)refuse his agreement to a release,
only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.]
Textual Amendments
F1Words in art. 20(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(2) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)
F2Words in art. 20(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(2) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)
F3Words in art. 20(3) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(6)
F4Art. 20(5)(6) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(3) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)
Commencement Information
I1Art. 20 in operation at 1.6.2015 by S.R. 2015/255, art. 2(b)
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