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The Criminal Justice (Northern Ireland) Order 2008

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The Criminal Justice (Northern Ireland) Order 2008, Cross Heading: Duration of licences is up to date with all changes known to be in force on or before 21 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Duration of licencesN.I.

Duration of licences: fixed-term prisonersN.I.

21.—(1) Where a fixed-term prisoner is released on licence under this Chapter, the licence shall, subject to any revocation under Article 28 or 30, remain in force for the remainder of the sentence.

(2) Paragraph (1) has effect subject to Articles 32(2) and 33(3) and (4).

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Commencement Information

I1Art. 21 wholly in operation at 1.4.2009; art. 21 not in operation at date Order made see art. 1(4); art. 21 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 21 in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1

Duration of licences: prisoners serving indeterminate custodial sentencesN.I.

22.—(1) This Article applies where a person who is serving an indeterminate custodial sentence is released on licence under Article 18 or 20.

(2) The licence shall, subject to any revocation under Article 28 or order under this Article, remain in force for the remainder of the prisoner's life.

(3) In this Article “qualifying period” means the period of 10 years beginning with the date of the prisoner's release.

(4) Where

(a)the qualifying period has expired, and

(b)the Parole Commissioners direct the [F1Department of Justice] to do so,

the [F1Department of Justice] shall order that the licence is to cease to have effect.

(5) Where—

(a)the qualifying period has expired; and

(b)if the prisoner has made a previous application under this paragraph, a period of at least 2 years has expired since the disposal of that application, or such shorter period as the Parole Commissioners may have recommended on the disposal of the last previous such application,

the prisoner may make an application to the Parole Commissioners under this paragraph.

(6) Where an application is made under paragraph (5), the Parole Commissioners—

(a)shall, if they are satisfied that it is no longer necessary for the protection of the public from serious harm that the licence should remain in force, direct the [F2Department of Justice] to make an order under paragraph (4) that the licence is to cease to have effect;

(b)shall otherwise dismiss the application.

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Amendments (Textual)

Commencement Information

I2Art. 22 partly in operation; art. 22 not in operation at date Order made see art. 1(4); art. 22 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

I3Art. 22 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(a)

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