Search Legislation

Northern Ireland (Remission of Sentences) Act 1995

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Northern Ireland (Remission of Sentences) Act 1995. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

N.I.

Northern Ireland (Remission of Sentences) Act 1995

1995 CHAPTER 47

An Act to provide for the release on licence of persons serving sentences to which section 14 of the Northern Ireland (Emergency Provisions) Act 1991 applies; and for connected purposes.

[8th November 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Act not in force at Royal Assent see s.2

1 Release on licence of persons subject to restricted remission.N.I.

[F1(1)This section applies to persons serving sentences to which section 79 of the Terrorism Act 2000 applies (restricted remission for persons sentenced for scheduled offences).

F1(2)A person to whom this section applies shall be released on licence for the period (or, where that period has partly elapsed, for the remainder of the period) during which, by reason only of section 79, he is prevented from being discharged in pursuance of prison rules.]

(3)The Secretary of State may revoke a person’s licence under this section if it appears to him that the person’s continued liberty would present a risk to the safety of others or that he is likely to commit further offences; and a person whose licence is revoked shall be detained in pursuance of his sentence and, if at large, be deemed to be unlawfully at large.

(4)If a person’s licence is revoked—

(a)he may make representations in writing to the Secretary of State about the revocation, and

(b)he shall as soon as is practicable be informed of the reasons for the revocation and of his right to make representations.

(5)If a person’s licence is revoked the Secretary of State may again release him on licence under this section at any time during the period mentioned in subsection (2).

[F2(6)Section 80 of the Terrorism Act 2000 and Part II of the Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge from prison, &c.) shall apply in relation to a person released on licence under this section as if he had been discharged in pursuance of prison rules.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1s. 1 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 12(2)(a)(5); S.I. 1997/2200, art. 2

S. 1 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 13(2)(a)(5); S.I. 1997/2200, art. 2

S. 1: functions restricted from exercise in Scotland for specified purposes (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 para. 2(1)(2)

2 Commencement.N.I.

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1S. 2 power fully exercised (10.11.1995): 17.11.1995 appointed by S.I. 1995/2945

3 Suspension and revival of section 1.N.I.

(1)The Secretary of State may make orders suspending, or later reviving, the operation of section 1.

(2)An order suspending the operation of section 1 shall not apply in relation to a person who is on licence when the order comes into force [F3; but the order shall apply in relation to him if his licence is revoked after the order comes into force.].

(3)Where an order revives the operation of section 1, subsection (2) of that section shall not apply in relation to a person who is detained pursuant to revocation under subsection (3).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in s. 3(2) added (28.7.1998) by 1998 c. 35, s. 18; S.I. 1998/2858, art. 2

4 Suspension and revival orders: supplementary.N.I.

(1)An order under section 3 shall be made by statutory instrument.

(2)Subject to subsection (3), no order under section 3 shall be made unless a draft of the order has been approved by resolution of each House of Parliament.

(3)An order suspending the operation of section 1 may be made without a draft having been approved if it appears necessary to the Secretary of State by reason of urgency, in which case the order—

(a)shall include a declaration to that effect;

(b)shall be laid before Parliament after being made; and

(c)shall cease to have effect at the end of the period of forty days (computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946) after the day on which it was made unless a resolution has been passed by each House approving it.

(4)Where an order suspending the operation of section 1 ceases to have effect by virtue of subsection (3)(c) above, the detention of a person while the order was in force shall not be treated as unlawful by reason only of the order’s ceasing to have effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

5 Short title and extent.N.I.

(1)This Act may be cited as the Northern Ireland (Remission of Sentences) Act 1995.

(2)This Act extends to Northern Ireland only.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources