Northern Ireland (Sentences) Act 1998

3 Applications. N.I.

(1) A prisoner may apply to Commissioners for a declaration that he is eligible for release in accordance with the provisions of this Act.

(2) The Commissioners shall grant the application if (and only if)—

(a) the prisoner is serving a sentence of imprisonment for a fixed term in Northern Ireland and the first three of the following four conditions are satisfied, or

(b) the prisoner is serving a sentence of imprisonment for life in Northern Ireland and the following four conditions are satisfied.

(3) The first condition is that the sentence—

(a) was passed in Northern Ireland for a qualifying offence, and

(b) is one of imprisonment for life or for a term of at least five years.

(4) The second condition is that the prisoner is not a supporter of a specified organisation.

(5) The third condition is that, if the prisoner were released immediately, he would not be likely—

(a) to become a supporter of a specified organisation, or

(b) to become concerned in the commission, preparation or instigation of acts of terrorism connected with the affairs of Northern Ireland.

(6) The fourth condition is that, if the prisoner were released immediately, he would not be a danger to the public.

[F1 (6A) An offence is a qualifying offence if—

(a) subsection (7) or (7A) applies to the offence, and

(b) the prisoner was convicted of the offence—

(i) before the day on which section 19(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 came into force, or

(ii) on or after that day by virtue of a public prosecution begun before that day.

(6B) For the purposes of subsection (6A)—

(a) “public prosecution” means any prosecution other than a private prosecution;

(b) a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence.]

(7) [F2 This subsection applies to] an offence which—

(a) was committed [F3 on or after 8 August 1973 and] before 10th April 1998,

(b) was when committed a scheduled offence within the meaning of the M1 Northern Ireland (Emergency Provisions) Act 1973, M2 1978, M3 1991 or M4 1996, and

(c) was not the subject of a certificate of the Attorney General for Northern Ireland that it was not to be treated as a scheduled offence in the case concerned.

[F4 (7A) This subsection applies to an offence which—

(a) was committed on or after 1 January 1966 and before 8 August 1973,

(b) arose out of any conduct forming part of the Troubles, and

(c) is certified by the Director of Public Prosecutions for Northern Ireland as an offence which, if it had been committed in Northern Ireland on 8 August 1973, would have been a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973.

(7B) In deciding whether an offence would have been a scheduled offence, the Director of Public Prosecutions for Northern Ireland must 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.]

(8) A specified organisation is an organisation specified by order of the Secretary of State; and he shall specify any organisation which he believes—

(a) is concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and

(b) has not established or is not maintaining a complete and unequivocal ceasefire.

(9) In applying subsection (8)(b) the Secretary of State shall in particular take into account whether an organisation—

(a) is committed to the use now and in the future of only democratic and peaceful means to achieve its objectives;

(b) has ceased to be involved in any acts of violence or of preparation for violence;

(c) is directing or promoting acts of violence by other organisations;

(d) is co-operating fully with any Commission of the kind referred to in section 7 of the M5 Northern Ireland Arms Decommissioning Act 1997 in implementing the Decommissioning section of the agreement reached at multi-party talks on Northern Ireland set out in Command Paper 3883.

(10) The Secretary of State shall from time to time review the list of organisations specified under subsection (8); and if he believes—

(a) that paragraph (a) or (b) of that subsection does not apply to a specified organisation, or

(b) that paragraphs (a) and (b) apply to an organisation which is not specified,

he shall make a new order under subsection (8).

Textual Amendments

F1 S. 3(6A)(6B) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 2(2) (with s. 61, Sch. 12 para. 1(2))

F2 Words in s. 3(7) substituted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 2(3)(a) (with s. 61, Sch. 12 para. 1(2))

F3 Words in s. 3(7)(a) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 2(3)(b) (with s. 61, Sch. 12 para. 1(2))

F4 S. 3(7A)(7B) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 2(4) (with s. 61, Sch. 12 para. 1(2))

Marginal Citations

M1 1973 c. 53.

M2 1978 c. 5.

M3 1991 c. 24.

M4 1996 c. 22.

M5 1997 c. 7.