The Life Sentences (Northern Ireland) Order 2001

Life prisoners transferred to Northern Ireland N.I.

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—

(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—

(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—

(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—

(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—

(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884F1 ; or

(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984F2 , or

(iii) an order made by the Secretary of State under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997F3 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.

[F4 (6) The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]

F1 1884 c. 31

F2 1984 c. 47

F3 1997 c. 43

F4 Art. 10(6) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 51; S.I. 2008/1586, art. 2(1)(3), Sch. 1 paras. 46, 48(p) (subject to Sch. 2)