Statutory Instrument 2001 No. 2564 (N.I. 2)

The Life Sentences (Northern Ireland) Order 2001

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© Crown Copyright 2001

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"the appointed day" means the day on which this Order comes into operation;

"the Commissioners" means the Life Sentence Review Commissioners;

"the release provisions" means the provisions of paragraphs (3) to (7) of Article 6;

"life prisoner" means a person serving one or more life sentences;

"life sentence" means either of the following imposed for an offence, whether committed before or after the appointed day, namely - 

(a) a sentence of imprisonment for life;

(b) a sentence of detention during the pleasure of the Secretary of State under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998[3];

"prison" includes - 

(a) a young offenders centre; and

(b) any other place in which a person may be detained under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

(a) at least one of the Commissioners is a person who holds or has held judicial office in any part of the United Kingdom or who is - 


(i) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing; or

(ii) an advocate or solicitor in Scotland of at least ten years' standing; or

(iii) a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990[4];



(b) at least one is a registered medical practitioner who is a psychiatrist;

(c) at least one is a chartered psychologist;

(d) at least one is a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and

(e) at least one is a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

    (3) The Commissioners shall - 

(a) advise the Secretary of State with respect to any matter referred to them by him which is connected with the release or recall of life prisoners; and

(b) have the functions conferred by Part III.

    (4) In discharging any functions under this Order the Commissioners shall - 

(a) have due regard to the need to protect the public from serious harm from life prisoners; and

(b) have regard to the desirability of - 


(i) preventing the commission by life prisoners of further offences; and

(ii) securing the rehabilitation of life prisoners.

    (5) Schedule 1 (which makes further provision about the Commissioners) shall have effect.

    (6) In paragraph (2) - 

"chartered psychologist" means a person for the time being listed in the British Psychological Society's Register of Chartered Psychologists;

"registered medical practitioner" means a fully registered person within the meaning of the Medical Act 1983[5].

Commissioners' procedure
     4. Schedule 2 (which makes provision about the procedure to be followed in relation to the Commissioners' functions) shall have effect.

and in this paragraph "previous reference" means a reference under paragraph (4) or Article 9(4).

    (6) In determining for the purpose of this Article whether a life prisoner to whom this Article applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large, unless the Secretary of State otherwise directs.

    (7) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment or detention, nothing in this Order shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.

Power to release life prisoners on compassionate grounds
     7.  - (1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner's release on compassionate grounds.

    (2) Before releasing a life prisoner under paragraph (1), the Secretary of State shall consult the Commissioners, unless the circumstances are such as to render such consultation impracticable.

(a) on whom a court in a country or territory outside Northern Ireland has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b) who has been transferred to Northern Ireland, in pursuance of - 


(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884[7]; or

(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984[8], or

(iii) an order made by the Secretary of State under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997[9] where the transfer is an unrestricted transfer for the purposes of Part II of that Schedule,



there to serve his sentence or sentences or the remainder of his sentence or sentences.

    (5) A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a life prisoner to whom Article 6 applies unless the requirements of paragraph (1) or (2) are satisfied as respects each of those sentences; and the release provisions shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

Existing life prisoners
     11.  - (1) This Article applies where, in the case of an existing life prisoner, the Secretary of State, after consultation with the Lord Chief Justice and the trial judge if available, certifies his opinion that, if this Order had been in operation at the time when he was sentenced, the court by which he was sentenced would have ordered that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.

    (2) This Article also applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if this Order had been in operation at the time when he was sentenced, the Secretary of State would have directed that the release provisions should apply to him as soon as he had served a part of his sentence specified in the certificate.

    (3) In a case to which this Article applies, this Order shall apply as if - 

(a) the existing life prisoner were a life prisoner to whom Article 6 applies; and

(b) the relevant part of his sentence within the meaning of Article 6 were the part specified in the certificate.

    (4) In this Article "existing life prisoner" means a life prisoner serving one or more life sentences passed before the appointed day but does not include a life prisoner - 

(a) who had been recalled to prison under section 23 of the Prison (Northern Ireland) Act 1953[10] and who is not an existing licensee; or

(b) whose licence has been revoked under Article 46(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998[11] and who is not an existing licensee.

    (5) Paragraphs (3) to (5) of Article 9 shall have effect as if any life prisoner - 

(a) who has been recalled to prison under section 23 of the Prison Act (Northern Ireland) 1953[12] and is not an existing licensee; or

(b) whose licence has been revoked under Article 46(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998[13] and who is not an existing licensee,

had been recalled to prison under Article 9 on the appointed day.

    (6) An existing life prisoner who is serving two or more life sentences passed before the appointed day shall not be treated as a life prisoner to whom Article 6 applies unless the requirements of paragraph (1) or (2) are satisfied as respects each of those sentences: and the release provisions shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

    (7) In this Article "existing licensee" has the same meaning as in Article 12(1).

Existing licensees
     12.  - (1) This Order shall apply to an existing licensee as it applies to a person who is released on licence under this Order.

    (2) In paragraph (1), "existing licensee" means any life prisoner who, before the appointed day, has been released under section 23 of the Prison Act (Northern Ireland) 1953 or discharged on licence under Article 46 of the Criminal Justice (Children) (Northern Ireland) Order 1998 and whose licence is in force on the appointed day.

Amendment and repeals
     13.  - (1) In Article 46(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (discharge on licence) for the words "Article 45" there shall be substituted the words "Article 45(2)".

    (2) The statutory provisions set out in Schedule 3 are repealed to the extent specified in the third column of that Schedule.


A. K. Galloway
Clerk of the Privy Council

     7. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975[14] (other disqualifying offices) at the appropriate place insert - 

" Life Sentence Review Commissioner".

     8. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975[15] (other disqualifying offices) at the appropriate place insert - 

" Life Sentence Review Commissioner".

    (2) Rules under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946[16] shall apply accordingly.

(a) for the allocation of proceedings to panels of Commissioners;

(b) for the taking of specified decisions by a single Commissioner.

Evidence and information

     3. The rules may make provision about evidence and information, including provision - 

(a) requiring Commissioners to send to the Secretary of State copies of such documents as the rules may specify;

(b) requiring the Secretary of State to provide specified information to Commissioners;

(c) for the giving of evidence by or on behalf of the Secretary of State, the Police Service of Northern Ireland and others;

(d) about the way in which information or evidence is to be given;

(e) for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;

(f) preventing a person from calling any witness without leave of Commissioners.

Exclusion of persons from proceedings

     4. The rules may provide for proceedings to be held in private except where Commissioners direct otherwise.

     5. The rules may prevent a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner.

     6.  - (1) The rules may permit Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by him.

    (2) Where a prisoner and any representative appointed by him are excluded from proceedings by virtue of sub-paragraph (1), the Attorney General may appoint a person to represent the prisoner's interests in those proceedings.

    (3) A person appointed under sub-paragraph (2) shall not be responsible to the prisoner whose interests he represents.

[2] 1954 c.33 (N.I.).back

[3] 1998 N.I. 9).back

[4] 1990 c.41.back

[5] 1983 c.54.back

[6] 1946 c.36.back

[7] 1884 c.31.back

[8] 1984 c.47.back

[9] 1997 c.43.back

[10] 1953 c.18 (N.I.).back

[11] 1998 N.I. 9.back

[12] 1953 c.18 (N.I.).back

[13] 1998 N.I. 9.back

[14] 1975 c.24.back

[15] 1975 c.25.back

[16] 1946 c.36.back