Northern Ireland (Sentences) Act 1998

Section 2.

SCHEDULE 2 N.I. Commissioners’ Procedure

Rules N.I.

1 N.I. The Secretary of State may make rules prescribing the procedure to be followed in relation to proceedings of the Commissioners under this Act; and in particular rules may—

(a) make provision for the matters set out in this Schedule;

(b) confer functions on the chairman (or on joint chairmen, jointly or concurrently).

Allocation of cases N.I.

2 N.I. The rules may provide—

(a) for the allocation of proceedings to panels of Commissioners;

(b) for the taking of specified decisions by a single Commissioner.

Conduct of proceedings N.I.

3 (1) The rules may require the Commissioners conducting the proceedings to include a psychiatrist or psychologist in specified circumstances. N.I.

(2) The rules may prevent a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner.

(3) The rules may provide for applications to be dealt with in the order decided by the Commissioners.

Applications N.I.

4 N.I. The rules may require an application to be made in a specified form and to be accompanied by specified documents.

Evidence and information N.I.

5 N.I. The rules may make provision about evidence and information, including provision—

(a) requiring Commissioners to send to the Secretary of State copies of applications and such related documents as the rules may specify;

(b) requiring the Secretary of State to provide specified information to the Commissioners;

(c) for the giving of evidence by or on behalf of the Secretary of State, the Royal Ulster Constabulary and others;

(d) about the way in which information or evidence is to be given;

(e) for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;

(f) preventing a prisoner from calling any witness without leave of Commissioners.

Exclusion of persons from proceedings N.I.

6 N.I. The rules may provide for proceedings to be held in private except where Commissioners direct otherwise.

7 (1) The rules may permit Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by him. N.I.

(2) Where a prisoner and any representative appointed by him are excluded from proceedings by virtue of sub-paragraph (1), the [F1 Advocate General for Northern Ireland] may appoint a person to represent the prisoner’s interests in those proceedings.

Textual Amendments

F1 Words in Sch. 2 para. 7(2) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 20; S.R. 2010/113, art. 2, Sch. para. 19(d)

Successive applications N.I.

8 N.I. The rules may prevent successive applications under any provision of this Act being made in specified circumstances.

Legal aid N.I.

9 (1) The rules may allow Commissioners to award a prisoner money for legal advice or representation. N.I.

(2) The Secretary of State shall pay any sums which the Commissioners award.