Recall of life prisoners while on licenceN.I.
9.—(1) If recommended to do so by the Commissioners, in the case of a life prisoner who has been released on licence, the [F1Department of Justice or the] Secretary of State may revoke his licence and recall him to prison.
(2) The [F2Department of Justice or the] Secretary of State may revoke the licence of any life prisoner and recall him to prison without a recommendation by the Commissioners, where it appears to [F3it or] him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
(3) A life prisoner recalled to prison under this Article—
(a)on his return to prison, shall be informed of the reasons for his recall and of his right to make representations; and
(b)may make representations in writing to the [F4Department of Justice or (as the case may be) the] Secretary of State with respect to his recall.
(4) The [F4Department of Justice or (as the case may be) the] Secretary of State shall refer the case of a life prisoner recalled under this Article to the Commissioners.
(5) Where on a reference under paragraph (4) the Commissioners direct the immediate release of a life prisoner on licence under this Article, the [F5Department of Justice] shall give effect to the direction.
[F6(5A) The Commissioners shall not give a direction under paragraph (5) unless they are satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined.]
(6) On the revocation of the licence of any life prisoner under this Article, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
[F7(7) The Secretary of State may revoke the licence of a life prisoner and recall him to prison under this Article only if his decision to revoke the licence and make the recall is arrived at (wholly or partly) on the basis of protected information.]
F1Words in art. 9(1) 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. 7(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F2Words in art. 9(2) 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. 7(b)(i) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F3Words in art. 9(2) 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. 7(b)(ii) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F4Words in art. 9(3)(4) 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. 7(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F5Words in art. 9(5) 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. 7(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)