Paragraph 2

F1(A1)

An offence is equivalent to a qualifying offence if—

(a)

sub-paragraph (1) or (1A) applies to the offence, and

(b)

the prisoner was convicted of the offence—

(i)

before the day on which section 19(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 came into force, or

(ii)

on or after that day by virtue of a public prosecution begun before that day.

(A2)

For the purposes of sub-paragraph (A1)—

(a)

“public prosecution” means any prosecution other than a private prosecution;

(b)

a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence.

(1)

F2This sub-paragraph applies to an offence which—

(a)

was committed F3on or after 8 August 1973 and before 10th April 1998,

F4(b)

arose out of any conduct forming part of the Troubles, and

(c)

is certified by the appropriate Law Officer as an offence which if it had been committed in Northern Ireland would have been a scheduled offence within the meaning of the M1Northern Ireland (Emergency Provisions) Act 1973, M21978, M31991 or M41996.

F5(1A)

This sub-paragraph applies to an offence which—

(a)

was committed on or after 1 January 1966 and before 8 August 1973,

(b)

arose out of any conduct forming part of the Troubles, and

(c)

is certified by the appropriate Law Officer as an offence which, if it had been committed in Northern Ireland on 8 August 1973, would have been a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1973.

(2)

If a person who makes an application under section 3 in relation to a sentence for an offence requests the appropriate Law Officer to provide a certificate under sub-paragraph (1)(c) F6or (1A)(c) in relation to that offence, the Law Officer shall as soon as reasonably practicable—

(a)

grant the certificate, or

(b)

refuse the request and notify the person who made the request of the refusal and the reasons for it.

(3)

In deciding whether an offence would have been a scheduled offence a Law Officer shall ignore the possibility of a certificate by the Attorney General for Northern Ireland that the offence was not to be treated as a scheduled offence.

(4)

For the purposes of this paragraph the appropriate Law Officer is—

(a)

in relation to an offence committed in England and Wales, the Attorney General, and

(b)

in relation to an offence committed in Scotland, the Lord Advocate.

Annotations

Textual amendments

F1: Sch. 3 para. 2(A1)(A2) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(2) (with s. 61, Sch. 12 para. 1(2))
F2: Words in Sch. 3 para. 2(1) substituted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(3)(a) (with s. 61, Sch. 12 para. 1(2))
F3: Words in Sch. 3 para. 2(1)(a) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(3)(b) (with s. 61, Sch. 12 para. 1(2))
F4: Sch. 3 para. 2(1)(b) substituted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(3)(c) (with s. 61, Sch. 12 para. 1(2))
F5: Sch. 3 para. 2(1A) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(4) (with s. 61, Sch. 12 para. 1(2))
F6: Sch. 3 para. 2(2) inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 12 para. 3(5) (with s. 61, Sch. 12 para. 1(2))

Marginal citations

M1: 1973 c. 53.
M2: 1978 c. 5.
M3: 1991 c. 24.
M4: 1996 c. 22.