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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
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Prohibition of grant of immunity: conviction or ongoing prosecutionU.K.
This section has no associated Explanatory Notes
3(1)A grant of immunity for an identified possible offence is prohibited if—
(a)P has a conviction for the identified possible offence,
(b)P is being prosecuted for the identified possible offence, or
(c)P is being prosecuted for any other offence (whether or not a Troubles-related offence), and the immunity requests panel is satisfied that granting P immunity from prosecution for the identified possible offence would risk having, or would have, a prejudicial effect on that prosecution.
(2)For the purposes of this paragraph—
(a)P is “being prosecuted for” an offence if a public prosecution of P for the offence has begun and is continuing;
(b)a “public prosecution” means any prosecution other than a private prosecution;
(c)a public prosecution of P for an offence “has begun” if a prosecutor has made the decision to prosecute P for that offence;
(d)the circumstances in which a public prosecution of P is to be regarded as continuing include circumstances where the trial which forms part of the prosecution ends without P being convicted or acquitted or any other verdict being given and either—
(i)the period for the prosecution to seek a retrial is continuing (without a retrial having been sought), or
(ii)the prosecution have sought a retrial;
(e)the circumstances in which a public prosecution of P is to be regarded as not continuing include—
(i)circumstances where the trial which forms part of the prosecution ends with P being convicted or acquitted or with another verdict being given, and
(ii)circumstances where the trial ends without P being convicted or acquitted or any other verdict being given and the period for the prosecution to seek a retrial ends without a retrial having been sought.
Commencement Information
I1Sch. 5 para. 3 not in force at Royal Assent, see s. 63(4)
I2Sch. 5 para. 3(2)(d)(e) in force at 1.5.2024 for specified purposes by S.I. 2024/584, reg. 2(o) (with regs. 3, 4)
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