Power to release certain prisoners on compassionate groundsN.I.
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 [F3to whom Article 18 or 20A applies] 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.
[F4(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)
F3Words in art. 20(3) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(6)
F4Art. 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)
Commencement Information
I1Art. 20 in operation at 1.6.2015 by S.R. 2015/255, art. 2(b)