Article 26 Short custodial termsI1

Northern Ireland

F1(1)

Subject to paragraph (2), where—

(a)

the Department of Justice refers to the Commissioners—

(i)

the case of an extended custodial prisoner under Article 18 of the 2008 Order, or

(ii)

the case of any prisoner under Article 20A of that Order, and

(b)

the relevant part of the prisoner's sentence is less than 26 weeks;

these rules shall apply subject to the modifications made by rule 25(a).

(2)

Where this rule applies the prisoner may agree that the modifications made by rule 25(a) do not have effect.

F2(3)

For the purposes of paragraph (1)(b), the “relevant part of the sentence”—

(a)

in the case of an extended custodial prisoner to whom Article 18 of the 2008 Order applies, means one half of the appropriate custodial term of the sentence as defined by Article 14(4) or 14(6) of that Order;

(b)

in the case of a prisoner to whom Article 20A of that Order applies, has the meaning given by paragraph (9) of that Article;

and in determining the length of that part any reduction required by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 is to be taken into account.

Annotations

Textual amendments

F1: Rule 26(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 76(5)(a)
F2: Rule 26(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 76(5)(b)

Commencement

I1: Rule 26 in operation at 1.4.2009, see rule 1