PART 2 N.I.SENTENCING

CHAPTER 4 N.I.RELEASE ON LICENCE

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

C2 Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Recall after release N.I.

Further release after recall for certain fixed-term prisoners N.I.

29.—(1) This Article applies where—

(a) a fixed-term prisoner, other than a prisoner serving an extended custodial sentence [F1 or a prisoner to whom Article 20A applies], (“P”) is released on licence under Article 17 or 20; and

(b) on a reference under Article 28(4) the Parole Commissioners do not direct P's immediate release on licence under this Chapter.

(2) Subject to paragraphs (3) and (4), the Parole Commissioners shall either—

(a) recommend a date for P's release on licence; or

(b) fix a date as the date for the next review of P's case by them.

(3) Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.

(4) The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.

(5) Where the Parole Commissioners have recommended a date for P's release under paragraph (2)(a), the [F2 Department of Justice] shall release P on licence on that date unless the [F3 Department of Justice or the] Secretary of State has, before that date, referred P's case to the Parole Commissioners.

[F4 (5A) The Secretary of State may refer P's case to the Parole Commissioners under paragraph (5) only if his decision to refer P's case is arrived at (wholly or partly) on the basis of protected information.]

(6) On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—

(a) direct P's immediate release on licence;

(b) make a recommendation under paragraph (2)(a); or

(c) fix a date under paragraph (2)(b).

(7) The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined

(8) The [F5 Department of Justice] shall give effect to any direction under paragraph (6)(a).

Textual Amendments

F1 Words in art. 29(1)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(10)

F2 Words in art. 29(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. 24(a)(i) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F3 Words in art. 29(5) 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. 24(a)(ii) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F4 Art. 29(5A) 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. 24(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F5 Words in art. 29(8) 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. 24(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I1 Art. 29 partly in operation; art. 29 not in operation at date Order made see art. 1(4); art. 29 in operation for certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I2 Art. 29 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(f)