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

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PART IINTRODUCTORY

Citation and commencement

1.  These Rules may be cited as the Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998 and shall come into force on 31st July 1998.

Application and interpretation

2.—(1) These Rules shall apply to proceedings of the Commissioner under the Northern Ireland (Sentences) Act 1998.

(2) In these Rules, unless the context otherwise requires:—

“the Act” means the Northern Ireland (Sentences) Act 1998;

“ancillary appeal” shall be construed in accordance with rule 13;

“ancillary application” shall be construed in accordance with rule 12;

“ancillary decision” shall be construed in accordance with rule 11;

“ancillary hearing” shall be construed in accordance with rule 18;

“Applicant”, in relation to a case, means the person who has made the application and is—

(a)

the person concerned in relation to applications made under section 3(1) of the Act;

(b)

the Secretary of State in relation to applications made under section 8(1) of the Act;

“application” means an application made under sections 3(1) or 8(1) of the Act;

“application papers” shall be construed in accordance with rule 7;

“case” means a set of proceedings to which these Rules apply;

“Chairman” means the Sentence Review Commissioner appointed chairman (or, where there are joint chairmen, one of the joint chairmen), under Schedule 1 of the Act;

“chairman of the panel” shall be construed in accordance with rule 4;

“Commissioner” means a Sentence Review Commissioner appointed under section 1 of the Act;

“damaging information” shall be construed in accordance with rule 22;

“direction” means a type of ancillary decision and shall be construed in accordance with rule 11;

“further application” shall be construed in accordance with rule 9;

“hearing” means an ancillary hearing or a substantive hearing;

“legal aid direction” shall be construed in accordance with rule 24;

“panel” shall be construed in accordance with rule 4;

“party”, in relation to a case, means the Applicant or the Respondent;

“person concerned”, in relation to a case, means the person to whom the case relates whose sentence is, or sentences are, under review by the Commissioner or who is a recalled prisoner;

“preliminary indication” shall be construed in accordance with rule 14;

“recalled prisoner” means a person whose licence has been suspended under section 9(2) of the Act;

“representative” shall be construed in accordance with rule 5;

“Respondent”, in relation to a case, means the person responding to the application and is the person concerned in relation to applications made under section 8(1) of the Act and the Secretary of State in relation to applications made under section 3(1) of the Act;

“response papers” shall be construed in accordance with rule 8;

“single Commissioner” shall be construed in accordance with rule 3;

“substantive determination” shall be construed in accordance with rule 15;

“substantive hearing” shall be construed in accordance with rule 19; and

“working day” means any day other than a Saturday, Sunday or public holiday in Northern Ireland.

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