Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Valid from 01/05/2024

Criminal investigations and proceedings U.K.

38 No criminal investigations except through ICRIR reviews U.K.

(1) On and after the day on which this section comes into force, no criminal investigation of any Troubles-related offence may be continued or begun.

(2) But that does not prevent the ICRIR from carrying out any of its functions .

(3) The Chief Constable of the PSNI and the chief officer of each police force in Great Britain must notify the Secretary of State of any criminal investigations of Troubles-related offences which, on the day before this section comes into force, their police force is carrying out.

(4) This section has effect subject to section 42(3) (criminal investigations relating to pre-commencement prosecutions).

Commencement Information

I1 S. 38 in force at 1.5.2024, see s. 63(3)

39 Grant of immunity: prohibition of criminal enforcement action U.K.

(1) This section applies in relation to a serious or connected Troubles-related offence if a person (P) has been granted immunity from prosecution for the offence under section 19.

(2) No criminal enforcement action may be taken against P in respect of the offence.

Commencement Information

I2 S. 39 in force at 1.5.2024, see s. 63(3)

40 No grant of immunity: restrictions on criminal enforcement action U.K.

(1) This section applies in relation to a serious or connected Troubles-related offence by a person (P) unless P has been granted immunity from prosecution for the offence under section 19.

(2) Criminal enforcement action may be taken against P in respect of the offence by P if—

(a) the Commissioner for Investigations has referred conduct by P to a prosecutor under section 25 (the “relevant conduct”),

(b) the offence by P is—

(i) the suspected offence, or one of the suspected offences, notified to the prosecutor under section 25, or

(ii) another offence which the relevant conduct constitutes, and

(c) the criminal enforcement action is taken in connection with that referral (including any prosecution or conviction which follows from that referral).

(3) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.

(4) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may charge P with the offence by P; and a prosecutor may conduct criminal proceedings arising from any such charge.

(5) If subsection (2) becomes applicable to the offence by P, criminal enforcement action against P in respect of the offence may no longer be taken in accordance with subsection (3) or (4).

(6) But that does not limit the criminal enforcement action that may be taken in accordance with subsection (2) after it becomes applicable (and, in particular, action previously taken in accordance with subsection (3) or (4) may be continued in accordance with subsection (2)).

(7) Subsections (2), (3) and (4) only authorise a person to take criminal enforcement action by the exercise of powers which that person has otherwise than by virtue of this section.

(8) This section has effect subject to section 42(4) (pre-commencement criminal enforcement action).

Commencement Information

I3 S. 40 in force at 1.5.2024, see s. 63(3)

41 Other Troubles-related offences: prohibition of criminal enforcement action U.K.

(1) This section applies in relation to a Troubles-related offence unless it is a serious or connected Troubles-related offence.

(2) No criminal enforcement action may be taken against any person in respect of the offence.

(3) This section has effect subject to section 42(4) (pre-commencement criminal enforcement action).

Commencement Information

I4 S. 41 in force at 1.5.2024, see s. 63(3)

42 General provision and saving for ongoing pre-commencement action U.K.

(1) Any legislation or other law is of no effect insofar as it authorises or requires a person to do anything that is prohibited by any of sections 38 to 41.

(2) For the purposes of sections 39 to 41, criminal enforcement action is taken against a person (P) in respect of an offence if—

(a) P is prosecuted for the offence,

(b) criminal proceedings relating to the offence are brought or continued against P, or

(c) P is arrested or otherwise detained in connection with the offence.

(3) Section 38 does not prevent a criminal investigation of a Troubles-related offence being carried out by a person other than the ICRIR if—

(a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force, and

(b) the criminal investigation is carried out for the purposes of that prosecution.

(4) Section 40 or 41 does not prevent criminal enforcement action from being taken against a person (P) in respect of an offence if—

(a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force (whether or not the prosecution was continuing on the day before that section comes into force), and

(b) the criminal enforcement action is taken against P in connection with the prosecution (including any conviction of P arising from that prosecution, whether given before or after that section comes into force).

(5) Subsections (3) and (4) do not prevent provision being made under section 63(5) in connection with the coming into force of section 38, 40 or 41.

(6) In this section—

(a) “public prosecution” means any prosecution other than a private prosecution;

(b) a public prosecution of P for an offence is “begun” when a prosecutor makes the decision to prosecute P for that offence.

Commencement Information

I5 S. 42 in force at 1.5.2024, see s. 63(3)