The Criminal Justice (Northern Ireland) Order 2008 No. 1216 (NI. 1)

PART 2 N.I. SENTENCING

CHAPTER 4 N.I. RELEASE ON LICENCE

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

C2 Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Recall after release N.I.

Recall of prisoners while on licence N.I.

28.—(1) In this Article “ P” means a prisoner who has been released on licence under Article 17, 18 [F1 , 20 or 20A].

(2) [F2 The Department of Justice or the Secretary of State] may revoke P's licence and recall P to prison—

(a) if recommended to do so by the Parole Commissioners; or

(b) without such a recommendation if it appears to the [F3 Department of Justice or (as the case may be) the] Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3) P—

(a) shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an

(b) may make representations in writing with respect to the recall.

(4) The [F4 Department of Justice or (as the case may be) the] Secretary of State shall refer P's recall under paragraph (2) to the Parole Commissioners.

(5) Where on a reference under paragraph (4) the Parole Commissioners direct P's immediate release on licence under this Chapter, the [F5 Department of Justice] shall give effect to the direction.

(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—

(a) where P is serving an indeterminate custodial sentence or an extended custodial sentence [F6 and was not released under Article 20A], it is no longer necessary for the protection of the public from serious harm that P should be confined;

(b) in any other case, it is no longer necessary for the protection of the public that P should be confined.

(7) On the revocation of P's licence, P shall be—

(a) liable to be detained in pursuance of P's sentence; and

(b) if at large, treated as being unlawfully at large.

[F7 (8) The Secretary of State may revoke P's licence and recall P to prison under paragraph (2) only if his decision to revoke P's licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.]

Textual Amendments

F1 Words in art. 28(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(9)(a)

F2 Words in art. 28(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F3 Words in art. 28(2)(b) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F4 Words in art. 28(4) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F5 Words in art. 28(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F6 Words in art. 28(6)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(9)(b)

F7 Art. 28(8) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I1 Art. 28 partly in operation; art. 28 not in operation at date Order made see art. 1(4); art. 28 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 28 in operation for further certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I2 Art. 28 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(e)