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Justice Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Disqualification

9.  (1)  A person is disqualified for being a political or independent member if that person is—

(a)a police officer;

(b)a member of the police support staff;

(c)a member of the Policing Board; or

(d)an employee of the council.

(2) A person removed from office under paragraph 8(1) is disqualified for membership of a PCSP until the date of the next local general election following that person’s removal.

(3) A person is disqualified for being an independent member of a PCSP if—

(a)that person has been convicted in Northern Ireland or elsewhere of any offence and a sentence of imprisonment or detention has been passed on that person, and

(b)the relevant period has not ended.

(4) The relevant period is the period of 5 years beginning with the person’s discharge in respect of the offence.

(5) For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not the release of that person is subject to conditions)—

(a)release on licence;

(b)release in pursuance of a grant of remission.

(6) Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if that person is required to return to prison or detention for a further period in respect of the offence.

(7) Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.

(8) Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.

(9) In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.

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