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The Criminal Justice (Northern Ireland) Order 2008
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Valid from 01/06/2015
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 serving—
(a)an indeterminate custodial sentence; or
(b)an extended custodial sentence,
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.
[F3(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)
F3Art. 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)
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