Paragraph 40 I1

United Kingdom

(1)

Parts 1 to 7 of the Parole Commissioners’ Rules (Northern Ireland) 2009^f1 (as amended by paragraphs 33 to 37 and 39 above) continue in effect as if made by the Department of Justice under paragraph 4 of Schedule 4 to the Criminal Justice (Northern Ireland) Order 2008^f2.

(2)

Part 8 of those Rules (as inserted by paragraph 38 above) has effect as if made by the Secretary of State under paragraph 4A of Schedule 4 to the 2008 Order (as inserted by paragraph 31(3) above).

(3)

Sub-paragraphs (4) and (5) below apply to a case as is referred to in rule 31(1) of those Rules.

(4)

If under the Life Sentence Review Commissioners’ Rules 2001^f3 a prisoner and any representative appointed by him are excluded from proceedings, the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings; and, accordingly—

(a)

rule 2(2) of the 2001 Rules has effect as if for the definition of “special advocate” there were substituted—

““special advocate” means a person appointed under paragraph 40(4) of Schedule 5 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.”;

(b)

rule 16(1) of the 2001 Rules has effect as if for “Attorney General” (in each place) there were substituted “Advocate General for Northern Ireland”.

(5)

A person appointed under sub-paragraph (4) above is not responsible to the prisoner whose interests he represents.

Paragraph 40 I1

Annotations

Commencement

Footnotes