{
  "url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023/schedule-5/paragraph-3",
  "json_url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023/schedule-5/paragraph-3.json",
  "legislation": "ukpga/2023/41",
  "legislation_title": "Northern Ireland Troubles (Legacy and Reconciliation) Act 2023",
  "legislation_url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023",
  "path": "schedule/5/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Prohibition of grant of immunity: conviction or ongoing prosecution",
  "text": "(1) A grant of immunity for an identified possible offence is prohibited if—\n(a) P has a conviction for the identified possible offence,\n(b) P is being prosecuted for the identified possible offence, or\n(c) P is being prosecuted for any other offence (whether or not a Troubles-related offence), and the immunity requests panel is satisfied that granting P immunity from prosecution for the identified possible offence would risk having, or would have, a prejudicial effect on that prosecution.\n(2) For the purposes of this paragraph—\n(a) P is “being prosecuted for” an offence if a public prosecution of P for the offence has begun and is continuing;\n(b) a “public prosecution” means any prosecution other than a private prosecution;\n(c) a public prosecution of P for an offence “has begun” if a prosecutor has made the decision to prosecute P for that offence;\n(d) the circumstances in which a public prosecution of P is to be regarded as continuing include circumstances where the trial which forms part of the prosecution ends without P being convicted or acquitted or any other verdict being given and either—\n(i) the period for the prosecution to seek a retrial is continuing (without a retrial having been sought), or\n(ii) the prosecution have sought a retrial;\n(e) the circumstances in which a public prosecution of P is to be regarded as not continuing include—\n(i) circumstances where the trial which forms part of the prosecution ends with P being convicted or acquitted or with another verdict being given, and\n(ii) circumstances where the trial ends without P being convicted or acquitted or any other verdict being given and the period for the prosecution to seek a retrial ends without a retrial having been sought.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 3 not in force at Royal Assent, see s. 63(4)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 5 para. 3(2)(d)(e) in force at 1.5.2024 for specified purposes by S.I. 2024/584, reg. 2(o) (with regs. 3, 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/41/schedule/5/paragraph/3",
    "retrieved_at": "2026-10-29T08:51:56.215171+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."
}