Northern Ireland (Sentences) Act 1998

10 Accelerated release

(1) This section applies if—

(a) a prisoner is granted a declaration in relation to a sentence, and

(b) the day on which he has a right to be released under section 4 or 6 (so far as that sentence is concerned) falls after the accelerated release day.

(2) He has a right to be released under the section concerned (so far as that sentence is concerned) on the accelerated release day.

(3) But if the accelerated release day is a listed day (within the meaning of section 4(3)) he has a right to be released on the next non-listed day.

(4) In the case of a sentence passed before the day on which this Act comes into force, the accelerated release day is the second anniversary of that day.

(5) In the case of a sentence—

(a) passed after the day on which this Act comes into force, and

(b) treated in accordance with section 26 of the [1968 c. 29 (N.I.).] Treatment of Offenders Act Northern Ireland) 1968 as reduced by a period of custody beginning before the day on which this Act comes into force,

the accelerated release day is the second anniversary of that day.

(6) In the case of any other sentence passed after the day on which this Act comes into force, the accelerated release day is the second anniversary of the start of the sentence (or the start of any period of custody by which the sentence is treated as reduced in accordance with section 26 of the 1968 Act).

(7) Nothing in this section shall permit the release of a prisoner following a declaration under section 3(1) before he has served two years of the sentence to which the declaration relates; and for that purpose any period of custody by which the sentence is treated as reduced in accordance with section 26 of the 1968 Act shall be treated as served as part of the sentence.

(8) The Secretary of State may by order amend subsections (4) to (7).