PART VISENTENCING AND OTHER POWERS
Grave crimes
Release on licenceF146
1
In this Article—
a
“ P ” means a person detained under Article 45(2);
b
“ the Commissioners ” means the Parole Commissioners for Northern Ireland;
c
“ the Department ” means the Department of Justice; and
d
references to the relevant part of P's sentence are references to the part of P's sentence specified as such under Article 45(2A).
2
As soon as—
a
P has served the relevant part of P's sentence, and
b
the Commissioners have directed P's release under this Article,
the Department shall release P on licence.
3
The Commissioners shall not give a direction under paragraph (2) with respect to P unless—
a
the Department has referred P's case to the Commissioners; and
b
the Commissioners are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be detained.
4
P may require the Department to refer P's case to the Commissioners at any time—
a
after P has served the relevant part of P's sentence; and
b
where there has been a previous reference of P's case to the Commissioners under paragraph (3) or Article 46B(4), after the end of the period of 12 months beginning with the disposal of that reference.
5
In determining for the purposes of this Article whether P has served the relevant part of P's sentence, no account shall be taken of any time during which P was unlawfully at large, unless the Department otherwise directs.
6
The Department may at any time release P on licence if it is satisfied that exceptional circumstances exist which justify P's release on compassionate grounds.
7
Before releasing P under paragraph (6), the Department shall consult the Commissioners, unless the circumstances are such as to render such consultation impracticable.
8
Nothing in this Article requires the Department to release a person in respect of a sentence under Article 45(2) at any time when that person is liable to be detained in respect of any other sentence.