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Article 2 Application and InterpretationI1

Northern Ireland

(1)

Subject to rules 25, 26 and 31(1) these rules apply where a prisoner’s case is referred to the Commissioners by the Secretary of State under Articles 6 or 9(4) of the 2001 Order or Articles 18 F1, 20A or 28(4) of the 2008 Order.

(2)

In these rules—

  • “the 2001 Order” means the Life Sentences (Northern Ireland) Order 2001f1;

  • “the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;

  • “the 2001 Rules” means the Life Sentence Review Commissioners’ Rules 2001f2

  • “case papers” means those documents, materials and papers submitted by the parties under rules 8, 10 and 25(b);

  • “chairman of the panel” means chairman of the panel nominated under rule 12(2);

  • “Chief Commissioner” means the Chief Commissioner appointed under paragraph 1(4) of Schedule 4 to the 2008 Order;

  • “Commissioners” means the Parole Commissioners, appointed under paragraph 1(1) of Schedule 4 to the 2008 Order ;

  • “deputy Chief Commissioner” means the deputy Chief Commissioner appointed under paragraph 1(5) of Schedule 4 to the 2008 Order;

  • “extended custodial prisoner” means a person serving one or more sentences as defined under Article 14 of the 2008 Order;

  • “hearing” includes consideration of a prisoner’s case by a single Commissioner;

  • “indeterminate custodial prisoner” means a person serving one or more sentences as defined under Article 13(4) of the 2008 Order;

  • “life prisoner” means a life prisoner as defined under Article 2 of the 2001 Order;

  • “panel” means a panel of Commissioners constituted in accordance with rule 12(2);

  • “parties” means the prisoner and the Secretary of State;

  • “party” means either the prisoner or the Secretary of State;

  • “prison” includes any place where the prisoner is detained, and in the case of rule 7(2) means any place where the person was detained;

  • “prisoner” includes an “extended custodial prisoner”, an “indeterminate custodial prisoner”, and a “life prisoner”;

  • “single Commissioner” shall be construed in accordance with rule 12(1);

  • “special advocate” means a person appointed under paragraph 4(3) of Schedule 4 to the 2008 Order to represent the interests of the prisoner.

Annotations

Textual amendments

F1

Word in rule 2(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 76(2)

Commencement

I1

Rule 2 in operation at 1.4.2009, see rule 1

Footnotes

f1

S.I. 2001/2564 (N.I.2)

f2

S.R. 2001 No. 317