The Northern Ireland (Sentences) Act 1998 (Amendment of Section 10) Order 2000

Statutory Instruments

2000 No. 2024

PRISONS

The Northern Ireland (Sentences) Act 1998 (Amendment of Section 10) Order 2000

Approved by both Houses of Parliament

Made

25th July 2000

Laid before Parliament

26th July 2000

Coming into force

27th July 2000

Whereas I consider it necessary by reason of urgency to make this Order without a draft thereof having been approved by resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by section 10(8) of the Northern Ireland (Sentences) Act 1998(1) (“the Act”) I hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Amendment of Section 10) Order 2000 and shall come into force on 27th July 2000.

2.  For section 10(7) of the Act there shall be substituted—

“(7) Nothing in this section shall permit the release of a prisoner following a declaration under section 3(1)—

(a) before he has served two years of the sentence to which the declaration relates; or

(b) at any time when an application under section 8(1) for revocation of the declaration has yet to be finally determined;

and for the purpose of paragraph (a) any period of custody by which the sentence is treated as reduced in accordance with section 26 of the 1968 Act shall be treated as served as part of the sentence.”.

Peter Mandelson

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

25th July 2000

Explanatory Note

(This note is not part of the Order)

This Order amends section 10(7) of the Northern Ireland (Sentences) Act 1998 so as to prevent the release of a prisoner to whom a declaration under section 3(1) that he is eligible for release in accordance with the Act has been given if the Secretary of State has applied for the declaration to be withdrawn under section 8 and his application has not yet been finally determined.

(1)

1998 c. 35.