SCHEDULES
SCHEDULE 12Prisoner release
I13Offences equivalent to qualifying offences: offences committed between 1966 and 1973
1
In Schedule 3 (sentences passed outside Northern Ireland), paragraph 2 (equivalent offences) is amended in accordance with this paragraph.
2
Before sub-paragraph (1) insert—
A1
An offence is equivalent to a qualifying offence if—
a
sub-paragraph (1) or (1A) applies to the offence, and
b
the prisoner was convicted of the offence—
i
before the day on which section 19(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 came into force, or
ii
on or after that day by virtue of a public prosecution begun before that day.
A2
For the purposes of sub-paragraph (A1)—
a
“public prosecution” means any prosecution other than a private prosecution;
b
a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence.
3
In sub-paragraph (1)—
a
for “An offence is equivalent to a qualifying offence if it” substitute “This sub-paragraph applies to an offence which”
;
b
in paragraph (a), after “committed” insert “on or after 8 August 1973 and”
;
c
for paragraph (b) substitute—
b
arose out of any conduct forming part of the Troubles, and
4
After sub-paragraph (1)—
1A
This sub-paragraph applies to an offence which—
a
was committed on or after 1 January 1966 and before 8 August 1973,
b
arose out of any conduct forming part of the Troubles, and
c
is certified by the appropriate Law Officer as an offence which, if it had been committed in Northern Ireland on 8 August 1973, would have been a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973.
5
In sub-paragraph (2), after “sub-paragraph (1)(c)” insert “or (1A)(c)”
.