Northern Ireland (Sentences) Act 1998

9 Licences: conditions. N.I.

(1) A person’s licence under section 4 or 6 is subject only to the conditions—

(a) that he does not support a specified organisation (within the meaning of section 3),

(b) that he does not become concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland, and

(c) in the case of a life prisoner, that he does not become a danger to the public.

(2) The Secretary of State may suspend a licence under section 4 or 6 if he believes the person concerned has broken or is likely to break a condition imposed by this section.

(3) Where a person’s licence is suspended—

(a) he shall be detained in pursuance of his sentence and, if at large, shall be taken to be unlawfully at large, and

(b) Commissioners shall consider his case.

(4) On consideration of a person’s case—

(a) if the Commissioners think he has not broken and is not likely to break a condition imposed by this section, they shall confirm his licence, and

(b) otherwise, they shall revoke his licence.

(5) Where a person’s licence is confirmed—

(a) he has a right to be released (so far as the relevant sentence is concerned) by the end of the day after the day of confirmation, or

(b) if he is at large, he has a right (so far as the relevant sentence is concerned) to remain at large.

(6) But if he would have a right to be released by the end of a listed day (within the meaning of section 4(3)) he has a right to be released by the end of the next non-listed day.

(7) Detention during suspension of a licence shall not be made unlawful by the subsequent confirmation of the licence.

Annotations:

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Modifications etc. (not altering text)

C1 S. 9: certain functions restricted from exercise in Scotland for specified purposes (30.6.1999) by art. 8(2), Sch. 4 para. 2(1)(2)