# Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, Paragraph 3: Prohibition of grant of immunity: conviction or ongoing prosecution

Extent: E+W+S+N.I.

(1) A grant of immunity for an identified possible offence is prohibited if—
(a) P has a conviction for the identified possible offence,
(b) P is being prosecuted for the identified possible offence, or
(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.
(2) For the purposes of this paragraph—
(a) P is “being prosecuted for” an offence if a public prosecution of P for the offence has begun and is continuing;
(b) a “public prosecution” means any prosecution other than a private prosecution;
(c) a public prosecution of P for an offence “has begun” if a prosecutor has made the decision to prosecute P for that offence;
(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—
(i) the period for the prosecution to seek a retrial is continuing (without a retrial having been sought), or
(ii) the prosecution have sought a retrial;
(e) the circumstances in which a public prosecution of P is to be regarded as not continuing include—
(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
(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.

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Source: https://www.legislation.gov.uk/ukpga/2023/41/schedule/5/paragraph/3 (the official version)
Page: https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023/schedule-5/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.