The Criminal Justice (Northern Ireland) Order 2008

Recall of prisoners while on licence N.I.

28.—(1) In this Article “ P” means a prisoner who has been released on licence under Article 17, 18 or 20.

(2) [F1 The Department of Justice or the Secretary of State] may revoke P's licence and recall P to prison—

(a) if recommended to do so by the Parole Commissioners; or

(b) without such a recommendation if it appears to the [F2 Department of Justice or (as the case may be) the] Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3) P—

(a) shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an

(b) may make representations in writing with respect to the recall.

(4) The [F3 Department of Justice or (as the case may be) the] Secretary of State shall refer P's recall under paragraph (2) to the Parole Commissioners.

(5) Where on a reference under paragraph (4) the Parole Commissioners direct P's immediate release on licence under this Chapter, the [F4 Department of Justice] shall give effect to the direction.

(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—

(a) where P is serving an indeterminate custodial sentence or an extended custodial sentence, it is no longer necessary for the protection of the public from serious harm that P should be confined;

(b) in any other case, it is no longer necessary for the protection of the public that P should be confined.

(7) On the revocation of P's licence, P shall be—

(a) liable to be detained in pursuance of P's sentence; and

(b) if at large, treated as being unlawfully at large.

[F5 (8) The Secretary of State may revoke P's licence and recall P to prison under paragraph (2) only if his decision to revoke P's licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.]

Textual Amendments

F1 Words in art. 28(2) 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. 23(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F2 Words in art. 28(2)(b) 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. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F3 Words in art. 28(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. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F4 Words in art. 28(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. 23(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F5 Art. 28(8) 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. 23(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I1 Art. 28 partly in operation; art. 28 not in operation at date Order made see art. 1(4); art. 28 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 28 in operation for further certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I2 Art. 28 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(e)