SCHEDULES
SCHEDULE 1COMMISSIONERS
Chairman
1
The Secretary of State shall appoint a chairman from among the Commissioners.
Tenure
2
A Commissioner—
a
shall hold office in accordance with the terms of his appointment; and
b
may resign by notice in writing to the Secretary of State.
3
The Secretary of State may, after consultation with the Lord Chief Justice, dismiss a Commissioner if satisfied—
a
that he has without reasonable excuse failed to carry out his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal;
b
that he has been convicted of a criminal offence;
c
that a bankruptcy order has been made against him, or his estate had been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
d
that he is unable or unfit to carry out his functions.
Remuneration and allowances
4
1
The Secretary of State shall pay such remuneration, fees and allowances as he thinks fit to or in respect of a Commissioner.
2
If a Commissioner resigns in accordance with paragraph 2(b), the Secretary of State may pay him compensation if in the Secretary of State’s opinion special circumstances make it appropriate.
Staff, premises, etc.
5
The Secretary of State shall provide for the Commissioners the services of such staff, and the use of such premises and other facilities, as he thinks appropriate.
Annual report
6
1
The chairman shall, as soon as reasonably practicable after the end of each financial year, make a report to the Secretary of State on the performance of the Commissioners' functions during the year.
2
The Secretary of State shall lay a copy of the report before each House of Parliament.
3
In sub-paragraph (1) “financial year” means—
a
the period starting with the date on which the first Commissioner is appointed and ending on 31st March following that date, and
b
each successive period of twelve months.
Disqualification of Commissioners
7
In Part III of Schedule 1 to the House of Commons Disqualification Act 197514 (other disqualifying offices) at the appropriate place insert—
Life Sentence Review Commissioner
8
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 197515 (other disqualifying offices) at the appropriate place insert—
Life Sentence Review Commissioner
SCHEDULE 2COMMISSIONERS' PROCEDURE
Rules
1
1
The Secretary of State may make rules prescribing the procedure to be followed in relation to proceedings of the Commissioners under this Order, and in particular rules may—
a
make provision for the matters set out in this Schedule;
b
confer functions on the chairman.
2
Rules under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 194616 shall apply accordingly.
Allocation of cases
2
The rules may provide—
a
for the allocation of proceedings to panels of Commissioners;
b
for the taking of specified decisions by a single Commissioner.
Evidence and information
3
The rules may make provision about evidence and information, including provision—
a
requiring Commissioners to send to the Secretary of State copies of such documents as the rules may specify;
b
requiring the Secretary of State to provide specified information to Commissioners;
c
for the giving of evidence by or on behalf of the Secretary of State, the Police Service of Northern Ireland and others;
d
about the way in which information or evidence is to be given;
e
for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;
f
preventing a person from calling any witness without leave of Commissioners.
Exclusion of persons from proceedings
4
The rules may provide for proceedings to be held in private except where Commissioners direct otherwise.
5
The rules may prevent a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner.
6
1
The rules may permit Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by him.
2
Where a prisoner and any representative appointed by him are excluded from proceedings by virtue of sub-paragraph (1), the Attorney General may appoint a person to represent the prisoner’s interests in those proceedings.
3
A person appointed under sub-paragraph (2) shall not be responsible to the prisoner whose interests he represents.
SCHEDULE 3REPEALS
Chapter or Number | Short title | Extent of repeal |
|---|---|---|
Prison Act (Northern Ireland) 1953. | Section 23. | |
Northern Ireland (Emergency Provisions) Act 1973. | In section 1, subsections (2) and (3). | |
Criminal Justice (Children) (Northern Ireland) Order 1998. | In Schedule 5, paragraph 6(b). |