The Prisoner Release Victim Information (Northern Ireland) Scheme 2003

Information to be made available and timing N.I.

4.—(1) The victim of an offence shall be entitled to receive under this scheme the information specified in the following paragraphs in relation to a relevant imprisoned offender.

(2) The information, in relation to the temporary release of a relevant imprisoned offender, is –

(a) the month and year when he will be eligible to be considered for temporary release;

(b) that his temporary release is being considered;

(c) any decision taken in relation to his temporary release, either in response to an application by the prisoner or otherwise; and

(d) if he is granted temporary release, any conditions imposed on that temporary release.

(3) The information in relation to the discharge of a relevant imprisoned offender, is –

(a) the month and year in which it is anticipated that he will be discharged;

(b) any licence conditions or probation conditions, or any other conditions imposed under legislation relating to sex offenders, that it is known will be imposed on discharge; and

(c) if he is returned to custody as a result of a breach of any of the conditions referred to in paragraph (b), the fact that this has occurred.

(4) The information in relation to the discharge of a relevant imprisoned offender sentenced to life imprisonment or detention at the Secretary of State’s pleasure, is –

(a) the minimum period which he must serve in custody before he can be considered for discharge as set under article 5, 10 or 11 of the Life Sentences (Northern Ireland) Order 2001(1); and

(b) if his [F1 discharge] is being considered, that fact;

(c) that he has been discharged;

(d) any license conditions, or other conditions imposed under legislation relating to sex offenders, that is known will be imposed on discharge; and

(e) if he is returned to custody as a result of the revocation of his licence or a breach of any of the conditions referred to in paragraph (d), the fact that this has occurred.

(5) “A relevant imprisoned offender”, in relation to a victim of an offence, means an imprisoned offender serving a sentence or sentences of imprisonment in whole or part in respect of the commission of that offence.

(6) (a) Subject to sub-paragraph (b), the victim will be provided with the information to be provided under this Article within a reasonable time of the application for information being made or, if later, of the information being available.

(b) The information referred to in Article 4(2)(a) and (b) will be provided to the victim before [F2 any decision referred to in Article 4(2)(c) is taken] where it is reasonably practicable to do so.

Textual Amendments

F1 Word in s. 4(4)(b) substituted (5.12.2005) by The Prisoner Release Victim Information (Northern Ireland) (Amendment) Scheme 2005 (S.R. 2005/504), arts. 1(1), 3(2)

F2 Words in s. 4(6)(b) substituted (5.12.2005) by The Prisoner Release Victim Information (Northern Ireland) (Amendment) Scheme 2005 (S.R. 2005/504), arts. 1(1), 3(3)

Commencement Information

I1 S. 4 in operation at 1.7.2003, see s. 1

(1)

S.I. 2001/2564 (N.I. 2)