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

PART II GENERAL

Allocation of cases to and functions of single Commissioners

3.—(1) The Chairman, or a Commissioner acting on his behalf, shall allocate each case to a Commissioner who shall act as the single Commissioner for that case.

(2) The single Commissioner may take ancillary decisions on behalf of the Commissioners.

(3) Any decision of the single Commissioner shall be the decision of the Commissioners.

(4) The Chairman, or a Commissioner acting on his behalf, may at any time re-allocate a case to another Commissioner who shall thereafter act as the single Commissioner for that case.

Allocation of cases to and functions of panels of Commissioners

4.—(1) The Chairman, or a Commissioner acting on his behalf, shall allocate each case to a panel of three Commissioners.

(2) The panel shall perform the following functions on behalf of the Commissioners:

(a) hold hearings;

(b) determine ancillary appeals;

(c) take ancillary decisions;

(d) give the preliminary indication; and

(e) make the substantive determination.

(3) On appointing a panel, the Chairman, or the Commissioner acting on his behalf, shall nominate one of the panel members to act as its chairman, unless the Chairman is himself a member of the panel, in which case he shall act as the chairman of the panel.

(4) Where the person concerned is a life prisoner, the Chairman, or the Commissioner acting on his behalf, shall ensure that the case is allocated to a panel at least one of whose members is a psychiatrist or a psychologist.

(5) The single Commissioner to whom a case is allocated shall be eligible to sit as a member of the panel for that case, save that where he takes an ancillary decision he shall not sit as a member of the panel determining any ancillary appeal against that decision.

(6) Any decision of a majority of the members of the panel shall be the decision of the Commissioners.

(7) If a member of the panel to whom a case has been allocated is unavailable, the Chairman, or a Commissioner acting on his behalf, may nominate another Commissioner to take his place if he considers that that is necessary to ensure that the case is processed expeditiously.

Representation

5.—(1) Subject to paragraphs (2) and (3), the person concerned may appoint any person to act as his representative.

(2) The following persons may act as a representative of the person concerned only with the consent of the Commissioners:

(a) any person serving a sentence of imprisonment;

(b) any person who is on licence having been released from prison; and

(c) any person with a previous conviction for an imprisonable offence which remains unspent under the Rehabilitation of Offenders (Northern Ireland) Order 1978(1).

(3) Any person liable to be detained under the Mental Health (Northern Ireland) Order 1986(2) may not act as a representative of the person concerned.

(4) Where the person concerned has not appointed a representative, the Commissioners may, with the consent of the person concerned, appoint an eligible person to act as such.

(5) The Secretary of State may be represented by any person appointed by him for that purpose.

(6) Where a party appoints a new representative or the name, address or occupation of his representative changes, he shall serve written notice giving details of the changes on the Commissioners and on the other party within seven days of his appointing the new representative or becoming aware of the change.

General powers of the Commissioners

6.—(1) Subject to the provisions of these Rules, the Commissioners may regulate their own procedure in dealing with each case as they consider appropriate.

(2) The Commissioners shall make available to applicants and their representatives information regarding any procedures they adopt pursuant to paragraph (1).

(3) The Commissioners may deal with cases in the order they consider appropriate save that they shall, so far as it is practicable to do so, give priority to the consideration of cases where the person concerned is a recalled prisoner.

(1)

1998 c. 35.

(2)

S.I. 1978/1908 (N.I. 27).