OpenLegislation

Article 17 Duty to release certain fixed-term prisonersI1C1

Northern Ireland

C2(1)

As soon as a fixed-term prisoner, other than F1one to whom Article 18 or 20A applies, has served the requisite custodial period, the F2Department of Justice 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)

Annotations

Textual amendments

F1

Words in art. 17(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(3)

F2

Words in art. 17(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 13 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Modifications

C1

Art. 17 applied (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 55(6)(a), 61(1)

C2

Art. 17(1) modified (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 56(5)(b), 61(1)

Commencement

I1

Art. 17 wholly in operation at 1.4.2009, see art. 1(4) and S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 2(2)(5), 4)

Notes on Chapter 4

Modifications

C1

Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

C2

Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Notes on Duty . . . to release on licence

Textual amendments

F1

Words in art. 17 cross-heading omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 12 (with arts. 28-31); S.I. 2010/977, art. 1(2)