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1.—(1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 2008.
(2) The following provisions come into operation one week after the day on which this Order is made—
(a) this Part; and
(b) Articles 100 and 101.
(3) The following provisions come into operation one month after the day on which this Order is made—
(a) Articles 84 to 86, 88, 89 and 93 to 99; and
(b) Part 2 of Schedule 6, and Article 102(2) so far as relating thereto.
(4) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.
(5) Any provision of Part 4 or 5 which alters any penalty for an offence has effect only in relation to offences committed after the coming into operation of that provision.
2. The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
3.—(1) In this Part—
“community sentence” has the meaning given by Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (NI 24);
“curfew requirement” has the meaning given by Article 37(1);
“electronic monitoring requirement” has the meaning given by Article 40(1);
“extended custodial sentence” has the meaning given by Article 14;
“HSS Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);
“HSS trust” means a Health and Social Services trust established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1);
“indeterminate custodial sentence” has the meaning given by Article 13(4);
“the Parole Commissioners” means the Parole Commissioners for Northern Ireland;
“prison rules” means rules made under section 13 of the Prison Act (Northern Ireland) 1953 (c. 18);
“probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24);
“sentence” does not include a committal for default, or the fixing of a term to be served in the event of default, or attachment for contempt of court; and for the purposes of this definition “default” means a failure to pay, or want of sufficient distress to satisfy, any fine or other sum of money or failure to do or abstain from doing anything required to be done or left undone;
“serious harm” means death or serious personal injury, whether physical or psychological;
“youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);
“young offenders centre” has the meaning given by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29).
(2) For the purposes of this Part, an offence is associated with another if—
(a) the offender is convicted of both offences in the same proceedings, or is sentenced for both offences at the same time; or
(b) the offender admits the commission of it in the sentencing proceedings for the other offence and requests the court to take it into consideration in the sentence for that offence.
(3) For the purposes of this Part, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it shall be taken to have been committed on the last of those days
(4) Where the age of any person at any time is material for the purposes of any provision of this Part, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
4.—(1) In this Chapter—
“custodial sentence” means—
a sentence of imprisonment;
a sentence of detention in a young offenders centre;
a sentence of detention under Article 13(4)(b) or 14(5);
a sentence of detention under Article 45(1) or (2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);
an order under Article 39 of that Order sending the offender to a juvenile justice centre;
an order under Article 44A of that Order sending the offender to secure accommodation;
“pre-sentence report” means a report in writing which—
with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or a social worker of an HSS Board or authorised HSS trust; and
contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State;
and for the purposes of this definition an “authorised HSS trust” is an HSS trust by which functions relating to such reports are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994 (NI 2).
(2) For the purposes of this Chapter—
(a) a sentence falls to be imposed under Article 13 if, because the court is of the opinion mentioned in paragraph (1)(b) of that Article and considers that the case falls within paragraph (2) or (3) of that Article, the court is obliged to pass a sentence complying with that Article;
(b) a sentence falls to be imposed under Article 14 if, because the court is of the opinion mentioned in paragraph (1)(b)(i) and (ii) of that Article, the court is obliged to pass a sentence complying with that Article;
(c) a sentence falls to be imposed under paragraph (2) of Article 70 of the Firearms (Northern Ireland) Order 2004 (NI 3) if it is required by that paragraph and the court is not of the opinion there mentioned; an
(d) a sentence falls to be imposed under paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38) if it is required by that provision and the court is not of the opinion there mentioned.
5.—(1) This Article applies where a person is convicted of an offence punishable with a custodial sentence other than one—
(a) fixed by law; or
(b) falling to be imposed under—
(i) Article 13 or 14;
(ii) Article 70(2) of the Firearms (Northern Ireland) Order 2004 (NI 3); or
(iii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38).
(2) The court shall not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only a custodial sentence can be justified for the offence.
(3) Nothing in paragraph (2) shall prevent the court from passing a custodial sentence if the offender fails to express a willingness to comply with—
(a) a requirement which is proposed by the court to be included in a community sentence and which requires an expression of such willingness; or
(b) a requirement which is proposed by the court to be included in—
(i) an order under Article 8(5) of the Criminal Justice (Northern Ireland) Order 1998 (NI 20); or
(ii) a youth conference order.
(4) Where a court passes a custodial sentence, it shall—
(a) in a case not falling within paragraph (3), state in open court that it is of the opinion referred to in paragraph (2) and why it is of that opinion; and
(b) in any case, explain to the offender in open court and in ordinary language why it is passing a custodial sentence.
(5) A magistrates' court shall cause a reason stated by it under paragraph (4) to be specified in the warrant of commitment and to be entered in the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984 (No. 225).
6.—(1) A magistrates' court on summary conviction or the Crown Court on conviction on indictment shall not pass a custodial sentence on a person if that person is not legally represented in that court.
(2) Paragraph (1) does not apply to a person if
(a) a custodial sentence has previously been passed on that person or a corresponding sentence has previously been passed on that person by a court in any other part of the United Kingdom;
(b) that person applied for legal aid and the application was refused on the ground that it did not appear the person’s means were such that the person required assistance; or
(c) having been informed of the right to apply for legal aid and had the opportunity to do so, that person refused or failed to apply.
(3) In paragraph (2) “legal aid” means legal aid for the purposes of proceedings in the court, whether the whole proceedings or the proceedings on or in relation to sentence.
(4) In the case of a person committed to the Crown Court for trial, it is immaterial whether that person applied for legal aid in the Crown Court to, or was informed of the right to apply by, that Court, or the court which committed that person.
(5) For the purposes of this Article—
(a) a person is to be treated as legally represented in a court if, but only if, that person has the assistance of counsel or a solicitor to represent that person in the proceedings in that court at some time after that person is found guilty and before that person is sentenced;
(b) a previous sentence of imprisonment or order for detention which has been suspended and which has not taken effect shall be disregarded.
7.—(1) This Article applies where a court passes a sentence—
(a) of imprisonment for a determinate term;
(b) of detention in a young offenders centre;
(c) of detention under Article 14(5); or
(d) of detention under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9).
(2) Subject to Article 14 and the statutory provisions mentioned in paragraph (3), the sentence shall be for such term (not exceeding the permitted maximum) as in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
(3) The statutory provisions referred to in paragraph (2) are—
(a) Article 70(2) of the Firearms (Northern Ireland) Order 2004 (NI 3);
(b) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38).
8.—(1) This Article applies where a court passes—
(a) a sentence of imprisonment for a determinate term, other than an extended custodial sentence, or
(b) a sentence of detention in a young offenders centre
in respect of an offence committed after the commencement of this Article.
(2) The court shall specify a period (in this Article referred to as “the custodial period”) at the end of which the offender is to be released on licence under Article 17.
(3) The custodial period shall not exceed one half of the term of the sentence.
(4) Subject to paragraph (3), the custodial period shall be the term of the sentence less the licence period.
(5) In paragraph (4) “the licence period” means such period as the court thinks appropriate to take account of the effect of the offender’s supervision by a probation officer on release from custody—
(a) in protecting the public from harm from the offender; and
(b) in preventing the commission by the offender of further offences.
(6) Remission shall not be granted under prison rules to the offender in respect of the sentence.
9.—(1) In forming any such opinion as is mentioned in Article 5(2) or 7(2), a court shall take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it (including any aggravating or mitigating factors).
(2) Subject to paragraph (3), a court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in Article 5(2), 7(2), 13(1)(b) or 14(1)(b)(i).
(3) Paragraph (2) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report; and where the court does not obtain and consider a pre-sentence report, it shall state in open court that it is of that opinion and what the circumstances are.
(4) In the case of an offender under the age of 18, except where the offence or any other offence associated with it is punishable only on conviction on indictment, the court shall not form such an opinion as is mentioned in paragraph (3) or (6) unless—
(a) there exists a previous pre-sentence report obtained in respect of the offender; and
(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(5) No custodial sentence shall be invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in paragraph (2) but any court on an appeal against such a sentence—
(a) shall, subject to paragraph (6), obtain a pre-sentence report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(6) Paragraph (5)(a) does not apply if the court is of the opinion—
(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; o
(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.
10.—(1) Subject to paragraph (2), in any case where Article 9(2) applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
(2) Paragraph (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
(3) Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
(a) any information before it which relates to the offender’s mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.
(4) No custodial sentence which is passed in a case to which paragraph (1) applies shall be invalidated by the failure of a court to comply with that paragraph, but any court on an appeal against such a sentence—
(a) shall obtain a medical report if none was obtained by the court below; and
(b) shall consider any such report obtained by it or by that court.
(5) In this Article—
“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);
“medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner appointed by the Mental Health Commission for Northern Ireland for the purposes of Part 2 of the Mental Health (Northern Ireland) Order 1986 (NI 4).
(6) Nothing in this Article shall be taken as prejudicing the generality of Article 9.
11.—(1) This Article applies where a court obtains a pre-sentence report.
(2) Subject to paragraphs (3) and (4), the court shall give a copy of the report—
(a) to the offender or the offender’s counsel or solicitor; and
(b) to the prosecutor, that is to say, the person having conduct of the proceedings in respect of the offence.
(3) If the offender is under the age of 18 and is not represented by counsel or a solicitor, a copy of the report need not be given to the offender but shall be given to the offender’s parent or guardian if present in court
(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for the prosecutor to be given it.
(5) No information obtained by virtue of paragraph (2)(b) shall be used or disclosed otherwise than for the purpose of—
(a) determining whether representations as to matters contained in the report need to be made to the court; or
(b) making such representations to the court.
12.—(1) An offence is a “specified offence” for the purposes of this Chapter if it is a specified violent offence or a specified sexual offence.
(2) A specified offence is a “serious offence” for the purposes of this Chapter if it is an offence specified in Schedule 1.
(3) In this Chapter—
“life sentence” means—
a sentence of imprisonment for life; or
a sentence of detention under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);
“specified violent offence” means an offence specified in Part 1 of Schedule 2;
“specified sexual offence” means an offence specified in Part 2 of that Schedule.
(4) References in this Chapter to conviction on indictment include references to a finding of guilt under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9).
(5) The Secretary of State may by order amend Schedules 1 and 2.
13.—(1) This Article applies where—
(a) a person is convicted on indictment of a serious offence committed after the commencement of this Article; and
(b) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.
(2) If—
(a) the offence is one in respect of which the offender would apart from this Article be liable to a life sentence, an
(b) the court is of the opinion that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of such a sentence,
the court shall impose a life sentence.
(3) If, in a case not falling within paragraph (2), the court considers that an extended custodial sentence would not be adequate for the purpose of protecting the public from serious harm occasioned by the commission by the offender of further specified offences, the court shall—
(a) impose an indeterminate custodial sentence; and
(b) specify a period of at least 2 years as the minimum period for the purposes of Article 18, being such period as the court considers appropriate to satisfy the requirements of retribution and deterrence having regard to the seriousness of the offence, or of the combination of the offence and one or more offences associated with it.
(4) An indeterminate custodial sentence is—
(a) where the offender is aged 21 or over, a sentence of imprisonment for an indeterminate period,
(b) where the offender is under the age of 21, a sentence of detention for an indeterminate period at such place and under such conditions as the Secretary of State may direct,
subject (in either case) to the provisions of this Part as to the release of prisoners and duration of licences.
(5) A person detained pursuant to the directions of the Secretary of State under paragraph (4)(b) shall while so detained be in legal custody.
(6) An offence the sentence for which is imposed under this Article is not to be regarded as an offence the sentence for which is fixed by law.
(7) Remission shall not be granted under prison rules to the offender in respect of a sentence imposed under this Article.
14.—(1) This Article applies where—
(a) a person is convicted on indictment of a specified offence committed after the commencement of this Article; and
(b) the court is of the opinion—
(i) that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences; and
(ii) where the specified offence is a serious offence, that the case is not one in which the court is required by Article 13 to impose a life sentence or an indeterminate custodial sentence.
(2) The court shall impose on the offender an extended custodial sentence.
(3) Where the offender is aged 21 or over, an extended custodial sentence is a sentence of imprisonment the term of which is equal to the aggregate of
(a) the appropriate custodial term; and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.
(4) In paragraph (3)(a) “the appropriate custodial term” means a term (not exceeding the maximum term) which—
(a) is the term that would (apart from this Article) be imposed in compliance with Article 7 (length of custodial sentences); or
(b) where the term that would be so imposed is a term of less than 12 months, is a term of 12 months.
(5) Where the offender is under the age of 21, an extended custodial sentence is a sentence of detention at such place and under such conditions as the Secretary of State may direct for a term which is equal to the aggregate of—
(a) the appropriate custodial term; and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.
(6) In paragraph (5)(a) “the appropriate custodial term” means such term (not exceeding the maximum term) as the court considers appropriate, not being a term of less than 12 months.
(7) A person detained pursuant to the directions of the Secretary of State under paragraph (5) shall while so detained be in legal custody.
(8) The extension period under paragraph (3)(b) or (5)(b) shall not exceed—
(a) five years in the case of a specified violent offence; and
(b) eight years in the case of a specified sexual offence.
(9) The term of an extended custodial sentence in respect of an offence shall not exceed the maximum term.
(10) In this Article “maximum term” means the maximum term of imprisonment that is, apart from Article 13, permitted for the offence where the offender is aged 21 or over.
(11) A court which imposes an extended custodial sentence shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (suspended sentences) in relation to that sentence.
(12) Remission shall not be granted under prison rules to the offender in respect of a sentence imposed under this Article.
15.—(1) This Article applies where—
(a) a person has been convicted on indictment of a specified offence; an
(b) it falls to a court to assess under Article 13 or 14 whether there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further such offences.
(2) The court in making the assessment referred to in paragraph (1)(b)—
(a) shall take into account all such information as is available to it about the nature and circumstances of the offence;
(b) may take into account any information which is before it about any pattern of behaviour of which the offence forms part; and
(c) may take into account any information about the offender which is before it.
16.—(1) In any provision of this Chapter “fixed-term prisoner” means a person serving a determinate custodial sentence for an offence committed after the commencement of that provision.
(2) In this Chapter—
“custodial sentence” means—
a sentence of imprisonment;
a sentence of detention in a young offenders centre;
a sentence of detention under Article 13(4)(b) or 14(5);
“determinate custodial sentence” means a custodial sentence for a determinate term.
(3) In this Chapter—
“prison” includes any place where a person serving a sentence falling within paragraph (b) or (c) of the definition of “custodial sentence” is liable to be detained;
“prisoner” includes a person serving a sentence falling within either of those paragraphs.
17.—(1) As soon as a fixed-term prisoner, other than a prisoner serving an extended custodial sentence, has served the requisite custodial period, the Secretary of State shall release the prisoner on licence under this Article.
(2) In this Article “the requisite custodial period” means—
(a) subject to sub-paragraph (b), the custodial period specified by the court under Article 8;
(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under Article 32(2) or 33(2)
18.—(1) This Article applies to a prisoner who is serving—
(a) an indeterminate custodial sentence; or
(b) an extended custodial sentence.
(2) In this Article—
“P” means a prisoner to whom this Article applies;
“relevant part of the sentence” means—
in relation to a indeterminate custodial sentence, the period specified by the court under Article 13(3) as the minimum period for the purposes of this Article;
in relation to an extended custodial sentence, one-half of the period determined by the court as the appropriate custodial term under Article 14.
(3) As soon as—
(a) P has served the relevant part of the sentence, and
(b) the Parole Commissioners have directed P’s release under this Article,
the Secretary of State shall release P on licence under this Article.
(4) The Parole Commissioners shall not give a direction under paragraph (3) with respect to P unless—
(a) the Secretary of State has referred P’s case to them; and
(b) they are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be confined.
(5) P may require the Secretary of State to refer P’s case to the Parole Commissioners at any time—
(a) after P has served the relevant part of the sentence; and
(b) where there has been a previous reference of P’s case to the Parole Commissioners, after the expiration of the period of 2 years beginning with the disposal of that reference or such shorter period as the Parole Commissioners may on the disposal of that reference determine;
and in this paragraph “previous reference” means a reference under paragraph (4) or Article 28(4).
(6) Where the Parole Commissioners do not direct P’s release under paragraph (3)(b), the Secretary of State shall refer the case to them again not later than the expiration of the period of 2 years beginning with the disposal of that reference.
(7) In determining for the purpose of this Article whether P has served the relevant part of a sentence, no account shall be taken of any time during which P was unlawfully at large, unless the Secretary of State otherwise directs.
(8) Where P is serving an extended custodial sentence, the Secretary of State shall release P on licence under this Article as soon as the period determined by the court as the appropriate custodial term under Article 14 ends unless P has previously been recalled under Article 28
(9) The Secretary of State may by order provide that the reference in paragraph (b) of the definition of “relevant part of the sentence” in paragraph (2) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.
19.—(1) The Secretary of State may release on licence under this Article a fixed-term prisoner at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.
(2) Paragraph (1) shall not apply in relation to a prisoner unless—
(a) the length of the requisite custodial period is at least 6 weeks; and
(b) the prisoner has served—
(i) at least 4 weeks of the prisoner’s sentence; and
(ii) at least one-half of the requisite custodial period.
(3) Paragraph (1) shall not apply where—
(a) the sentence is an extended custodial sentence;
(b) the prisoner is subject to a hospital order or transfer direction within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);
(c) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);
(d) the prisoner is liable to removal from the United Kingdom;
(e) the prisoner has been released on licence under this Article during the currency of the sentence, and has been recalled to prison under Article 30; or
(f) the prisoner has been released on licence under Article 20 during the currency of the sentence, and has been recalled to prison under Article 28.
(4) The Secretary of State may by order—
(a) amend the number of days specified in paragraph (1);
(b) amend the number of weeks specified in paragraph (2)(a) or (b)(i);
(c) amend the fraction specified in paragraph (2)(b)(ii).
(5) In this Article “the requisite custodial period” has the same meaning as in Article 17.
(6) In this Article—
(a) “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article; and
(b) in relation to such a prisoner, “the requisite custodial period” means one-half of the term of the sentence.
(7) For the purposes of this Article a person is liable to removal from the United Kingdom if that person
(a) is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against that person;
(b) is liable to deportation under section 3(6) of that Act;
(c) has been notified of a decision to refuse that person leave to enter the United Kingdom;
(d) is an illegal entrant within the meaning of section 33(1) of that Act; or
(e) is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).
20.—(1) The Secretary of State may, if satisfied that exceptional circumstances exist which justify the release of a prisoner to whom this Article applies on compassionate grounds, at any time release the prisoner on licence under this Article.
(2) This Articles applies to—
(a) a fixed-term prisoner; and
(b) a prisoner serving an indeterminate custodial sentence.
(3) The Secretary of State shall, before releasing a prisoner serving—
(a) an indeterminate custodial sentence; or
(b) an extended custodial sentence,
consult the Parole Commissioners unless the circumstances are such as to render such consultation impracticable.
(4) In this Article “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article.
21.—(1) Where a fixed-term prisoner is released on licence under this Chapter, the licence shall, subject to any revocation under Article 28 or 30, remain in force for the remainder of the sentence.
(2) Paragraph (1) has effect subject to Articles 32(2) and 33(3) and (4).
22.—(1) This Article applies where a person who is serving an indeterminate custodial sentence is released on licence under Article 18 or 20.
(2) The licence shall, subject to any revocation under Article 28 or order under this Article, remain in force for the remainder of the prisoner’s life.
(3) In this Article “qualifying period” means the period of 10 years beginning with the date of the prisoner’s release.
(4) Where
(a) the qualifying period has expired, and
(b) the Parole Commissioners direct the Secretary of State to do so,
the Secretary of State shall order that the licence is to cease to have effect.
(5) Where—
(a) the qualifying period has expired; and
(b) if the prisoner has made a previous application under this paragraph, a period of at least 2 years has expired since the disposal of that application, or such shorter period as the Parole Commissioners may have recommended on the disposal of the last previous such application,
the prisoner may make an application to the Parole Commissioners under this paragraph.
(6) Where an application is made under paragraph (5), the Parole Commissioners—
(a) shall, if they are satisfied that it is no longer necessary for the protection of the public from serious harm that the licence should remain in force, direct the Secretary of State to make an order under paragraph (4) that the licence is to cease to have effect;
(b) shall otherwise dismiss the application.
The Criminal Justice (Northern Ireland) Order 2008