2

A person is disqualified for being an independent member of a DPP if—

a

he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

b

the relevant period has not ended.

3

The relevant period is the period of five years beginning with the person’s discharge in respect of the offence.

4

For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

a

his release on licence;

b

his release in pursuance of a grant of remission.

5

Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

6

Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

7

Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

8

In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.