Part VII

Northern Ireland

Scheduled offences

Restricted remission.
79
1
The remission granted under prison rules in respect of a sentence of imprisonment passed in Northern Ireland for a scheduled offence shall not, where it is for a term of five years or more, exceed one-third of the term.
2
Where a person is sentenced on the same occasion for two or more scheduled offences to terms which are consecutive, subsection (1) shall apply as if those terms were a single term.
3
Where a person is serving two or more terms which are consecutive but not all subject to subsection (1), the maximum remission granted under prison rules in respect of those terms taken together shall be arrived at by calculating the maximum remission for each term separately and aggregating the result.
4
In this section “prison rules” means rules made under section 13 of the Prison Act (Northern Ireland) 1953.
5
The Secretary of State may by order substitute a different length of sentence and a different maximum period of remission for those mentioned in subsection (1).
6
This section applies where—
a
the scheduled offence is committed while this section is in force,
b
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 15 of that Act was in force,
c
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 14 of that Act was in force, or
d
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 22 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.
Pt. VII (ss. 65-113): for the duration of Pt. VII see ss. 112, 113 by virtue of 2000 c. 11, ss. 112(1)(4), 128
Pt. VII (ss. 65-113) continued ( temp. from 19.2.2002 until 18.2.2003) by S.I. 2002/365, art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2003 until 18.2.2004) by The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2004 until 18.2.2005) by The Terrorism Act 2000 (Continuance of Part VII) Order 2004 (S.I. 2004/431), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2005 until 18.2.2006) by The Terrorism Act 2000 (Continuance of Part VII) Order 2005 (S.I. 2005/350), art. 2
Pt. VII (except s. 78) continued (temp. from 19.2.2006 until 31.7.2007) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 1(1)(2)
Pt. VII: power to continue specified provisions conferred (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {1(3)}, 2(1)(2)
1953 c.18 (N.I.)
1996 c. 22.
1991 c. 24.
1978 c. 5.
1989 c. 4.
Pt. VII: saving (at the end of 31.7.2007 in accordance with art. 1(3)) for effect of Terrorism (Northern Ireland) Act 2006 (c. 6), s. 1(2)(b) with transitional provisions and savings in The Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007 (S.I. 2007/2259), arts. 3, 5, Sch.