The Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998

The substantive determination

15.—(1) After the preliminary indication has been given, the panel shall make the substantive determination in accordance with the provisions of this rule.

(2) Where both parties have indicated, in accordance with rule 14(6), that they do not wish to challenge the preliminary indication, the panel shall make the substantive determination that it was minded to make when it gave the preliminary indication.

(3) Where either party indicates, in accordance with rule 14(6), that he wishes to challenge the preliminary indication, the panel shall disregard the preliminary indication and shall make the substantive determination pursuant to a substantive hearing.

(4) The substantive determination shall be made by being recorded in a written decision notice, signed and dated by or on behalf of the members of the panel.

(5) The Commissioners shall serve a copy of the written decision notice on the parties as soon as is practicable after making the substantive determination and this shall contain, subject to rule 22, the following:

(a) where an application made under section 3(1) of the Act has been refused, a statement of the reasons for this;

(b) where an application made under section 3(1) of the Act has been granted, a declaration specifying:

(i) the sentences in respect of which the person concerned is eligible to be released in accordance with the provisions of the Act; and

(ii) in relation to each life sentence in respect of which the person concerned is eligible to be released, the day which the Commissioner believe marks the completion of the period specified in section 6(1) of the Act;

(c) where an application made under section 8(1) of the Act has been granted, a statement of the reasons for this and a statement that any declaration previously granted to the person concerned under section 4 or 6 of the Act is thereby revoked; and

(d) where the person concerned is a recalled prisoner, a statement as to whether the recalled prisoner’s licence has been confirmed or revoked, and a statement of the reasons for this.