Moved by
Lord Caine
159: Schedule 11, page 85, leave out lines 22 and 23 and insert—
““(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 18(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.””
Member’s explanatory statement
This will prevent a prisoner from being released under the Northern Ireland (Sentences) Act 1998 if the prisoner is convicted after the ICRIR’s power to grant immunity from prosecution becomes exercisable (and so is a case where the prisoner could have avoided conviction by obtaining immunity).
160: Schedule 11, page 86, line 9, leave out “it” and insert “the offence, and
(b) the prisoner was convicted of the offence—
(i) before the day on which section 18(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.””
Member’s explanatory statement
This will prevent a prisoner from being released under the Northern Ireland (Sentences) Act 1998 if the prisoner is convicted after the ICRIR’s power to grant immunity from prosecution becomes exercisable (and so is a case where the prisoner could have avoided conviction by obtaining immunity).
161: Schedule 11, page 86, line 30, leave out paragraphs 4 and 5
Member’s explanatory statement
This removes some of the amendments proposed to the Northern Ireland (Sentences) Act 1998. Those amendments would have allowed prisoners to be released (a) if sentenced to less than 5 years’ imprisonment; and (b) without the need to serve a minimum period in prison.