SCHEDULES
SCHEDULE 3Sentences passed outside Northern Ireland
Equivalent offence
2
1
An offence is equivalent to a qualifying offence if it—
a
was committed before 10th April 1998,
b
was committed in connection with terrorism and the affairs of Northern Ireland, and
c
is certified by the appropriate Law Officer as an offence which if it had been committed in Northern Ireland would have been a scheduled offence within the meaning of the [1973 c. 53.] Northern Ireland (Emergency Provisions) Act 1973, [1978 c. 5.] 1978, [1991 c. 24.] 1991 or [1996 c. 22.] 1996.
2
If a person who makes an application under section 3 in relation to a sentence for an offence requests the appropriate Law Officer to provide a certificate under sub-paragraph (1)(c) in relation to that offence, the Law Officer shall as soon as reasonably practicable—
a
grant the certificate, or
b
refuse the request and notify the person who made the request of the refusal and the reasons for it.
3
In deciding whether an offence would have been a scheduled offence a Law Officer shall ignore the possibility of a certificate by the Attorney General for Northern Ireland that the offence was not to be treated as a scheduled offence.
4
For the purposes of this paragraph the appropriate Law Officer is—
a
in relation to an offence committed in England and Wales, the Attorney General, and
b
in relation to an offence committed in Scotland, the Lord Advocate.