SCHEDULES

SCHEDULE 12Prisoner release

I13Offences equivalent to qualifying offences: offences committed between 1966 and 1973

1

In Schedule 3 (sentences passed outside Northern Ireland), paragraph 2 (equivalent offences) is amended in accordance with this paragraph.

2

Before sub-paragraph (1) insert—

A1

An offence is equivalent to a qualifying offence if—

a

sub-paragraph (1) or (1A) 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.

A2

For the purposes of sub-paragraph (A1)—

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.

3

In sub-paragraph (1)—

a

for “An offence is equivalent to a qualifying offence if it” substitute “This sub-paragraph applies to an offence which”;

b

in paragraph (a), after “committed” insert “on or after 8 August 1973 and”;

c

for paragraph (b) substitute—

b

arose out of any conduct forming part of the Troubles, and

4

After sub-paragraph (1)—

1A

This sub-paragraph 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 appropriate Law Officer 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.

5

In sub-paragraph (2), after “sub-paragraph (1)(c)” insert “or (1A)(c)”.