Article 7 Power to release life prisoners on compassionate grounds

Northern Ireland

(1)

The F1Department of Justice may at any time release a life prisoner on licence if F2the Department of Justice 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 F3Department of Justice shall consult the Commissioners, unless the circumstances are such as to render such consultation impracticable.

F4(3)

The Secretary of State may notify the Department of Justice that a life prisoner is not to be released under this Article without the Secretary of State's agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State's agreement.

(4)

But the Secretary of State may—

(a)

give a notification, or

(b)

refuse his agreement to a release,

only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.

Annotations

Textual amendments

F1: Words in art. 7(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. 5(a)(i) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F2: Words in art. 7(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. 5(a)(ii) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F3: Words in art. 7(2) 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. 5(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F4: Art. 7(3)(4) inserted (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. 5(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)