Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

42 General provision and saving for ongoing pre-commencement action

(1) Any legislation or other law is of no effect insofar as it authorises or requires a person to do anything that is prohibited by any of sections 38 to 41.

(2) For the purposes of sections 39 to 41, criminal enforcement action is taken against a person (P) in respect of an offence if—

(a) P is prosecuted for the offence,

(b) criminal proceedings relating to the offence are brought or continued against P, or

(c) P is arrested or otherwise detained in connection with the offence.

(3) Section 38 does not prevent a criminal investigation of a Troubles-related offence being carried out by a person other than the ICRIR if—

(a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force, and

(b) the criminal investigation is carried out for the purposes of that prosecution.

(4) Section 40 or 41 does not prevent criminal enforcement action from being taken against a person (P) in respect of an offence if—

(a) a public prosecution of a person for the offence had been begun before the day on which that section comes into force (whether or not the prosecution was continuing on the day before that section comes into force), and

(b) the criminal enforcement action is taken against P in connection with the prosecution (including any conviction of P arising from that prosecution, whether given before or after that section comes into force).

(5) Subsections (3) and (4) do not prevent provision being made under section 63(5) in connection with the coming into force of section 38, 40 or 41.

(6) In this section—

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

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