{
  "url": "https://openlegislation.uk/justice-act-northern-ireland-2016/section-55",
  "json_url": "https://openlegislation.uk/justice-act-northern-ireland-2016/section-55.json",
  "legislation": "nia/2016/21",
  "legislation_title": "Justice Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/justice-act-northern-ireland-2016",
  "path": "section/55",
  "kind": "section",
  "number": "55",
  "heading": "Early removal from prison of prisoners liable to removal from United Kingdom",
  "text": "(1) Where a prisoner to whom this section applies (“P”)—\n(a) is liable to removal from the United Kingdom, and\n(b) has served at least one-half of the requisite custodial period,\nthe Department may, with P's agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.\n(2) This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner —\n(a) who is serving an extended custodial sentence under Article 14 of the 2008 Order, or\n(b) to whom Article 20A of that Order applies.\n(3) So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P's sentence until P has served the requisite custodial period.\n(4) The Department may by order amend the number of days for the time being specified in subsection (1).\n(5) For the purposes of this section P is liable to removal from the United Kingdom if—\n(a) P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,\n(b) P is liable to deportation under section 3(6) of that Act,\n(c) P has been notified of a decision to refuse P leave to enter the United Kingdom,\n(d) P is an illegal entrant within the meaning of section 33(1) of that Act, or\n(e) P is liable to removal under section 10 of the Immigration and Asylum Act 1999.\n(6) In this section and section 56—\n“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;\n“the requisite custodial period”—\n(a)in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;\n(b)in any other case, means one-half of P's sentence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 55(2)(a)(b) substituted for words (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 75(1) (with Sch. 13 para. 75(2))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/21/section/55",
    "retrieved_at": "2026-10-29T20:19:52.150204+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}