The Prisoner Release Victim Information (Northern Ireland) Scheme 2003

Explanatory Note

(This note is not part of the scheme.)

This scheme is made under section 68 of the Justice (Northern Ireland) Act 2002 (“the 2002 Act”). The purpose of the scheme is to put in place a mechanism whereby if a crime results in the imprisonment of an offender the victim of that crime should have access to information about the temporary release and discharge of the offender. The scheme does not apply to a person detained in a juvenile justice centre or a young offenders centre except as provided for in section 70(1) of the Justice (Northern Ireland) Act 2002.

The information provided for in the scheme can be supplied to a person who is not the actual victim (instead of to the actual victim) in the circumstances provided for in Article 2. These are (a) where the actual victim has died, (b) where the actual victim is a vulnerable person (as defined in Article 2(5)) or (c) where in particular circumstances the Secretary of State considers it appropriate. Article 3 requires a victim who wishes to receive information under the scheme to apply in writing and provide the information set out in the Schedule to the scheme. Article 4 sets out the information that will be made available under the scheme and provides for this to be supplied within a reasonable time of the application for information being made, or, if later, of the information being available. The Secretary of State may refuse to provide information under the scheme as set out in section 68(8) of the 2002 Act and Article 5 of the scheme. Under Article 5 the Secretary of State is not required to supply information in particular if at the time the scheme comes into operation the offender has less than three months left to serve, or if the offender was sentenced to a term of imprisonment of less than six months.