Criminal Justice (Sentencing etc) Bill

Reduction to sentence following disclosure

Relevant disclosure

28.—(1) In this section and in sections 29 and 30, a relevant disclosure is a disclosure that—

(a) is made by an offender in respect of whom a specified custodial sentence has been passed in accordance with section 24,

(b) is made before the end of the relevant custodial period of that sentence,

(c) is made on oath to a person nominated by the Department, and

(d) contains information about where, or how, the victim’s remains were disposed of (whether or not the information leads to the recovery of the victim’s remains).

(2) Where an offender makes a relevant disclosure, the Department must take all reasonable steps to verify the accuracy of the information contained in the disclosure insofar as it relates to where, or how, the victim’s remains were disposed of.

(3) The Department must reject a relevant disclosure if it determines that—

(a) the information is false in a material way, or

(b) the offender has further information about where, or how, the victim’s remains were disposed of which the offender has not disclosed 

(4) In any other case, the Department must accept the relevant disclosure (as to which, see section 29).

(5) The Department may by regulations make provision relating to relevant disclosures.

(6) Regulations under subsection (5) may, in particular, include—

(a) provision about the form of relevant disclosures;

(b) provision permitting or requiring relevant disclosures to be made in a prescribed manner;

(c) provision for a relevant disclosure to be rejected if it is made otherwise than in accordance with the regulations;

(d) provision about the manner in which the Department deals with relevant disclosures;

(e) provision concerning the obtaining of evidence relating to relevant disclosures (including the taking of evidence on oath);

(f) provision about the circumstances in which the Department may or must determine a matter set out in subsection (3)(a) or (b);

(g) provision conferring functions on the Department in respect of relevant disclosures (which may include functions that follow the acceptance of a disclosure).

(7) Regulations under subsection (5) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Reduction to sentence

29.—(1) This section applies where—

(a) an offender makes a relevant disclosure, and

(b) the Department accepts the disclosure.

(2) But this section does not apply if the relevant disclosure is made during the period of 1 month ending with the day on which the relevant custodial period is due to end.

(3) The relevant custodial period is to be treated as reduced by the period given by the formula in subsection (5) (which, under that formula, may be up to 50 per cent of the additional custodial period).

(4) Accordingly, in the case of a sentence other than a life sentence or an indeterminate custodial sentence, the term of the sentence is to be treated as reduced by the same period.

(5) The formula referred to in subsection (3) is—

(AP/2) x (1− (N/T) )

where—

AP is the number of days comprising the additional custodial period; N is the number of days that the offender has spent in detention pursuant to the sentence during the period beginning with the day on which the  sentence takes effect and ending on the day on which the offender makes the relevant disclosure; T is the number of days comprising the relevant custodial period less any relevant deduction.

(6) In subsection (5), “relevant deduction” means a deduction under—

(a) section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968,

(b) Article 38B(6) of the Criminal Justice (Children) (Northern Ireland) Order 1998, or

(c) Article 39(6) of that Order.

(7) In calculating a reduction under subsection (5), any fraction of a day, is to be rounded up to the nearest whole day.

(8) In this section—

(a) “indeterminate custodial sentence” has the meaning given by Article 13(4) of the Criminal Justice (Northern Ireland) Order 2008;

(b) references to the sentence are to the specified custodial sentence referred to in section 28(1) and references to the relevant custodial period are to the relevant custodial period of that sentence.

Application to sentences passed before commencement

30.—(1) This section applies where—

(a) an offender (“A”) is detained under a specified custodial sentence passed—

(i) in respect of the offence of murder or manslaughter, and

(ii) before the commencement date; and

(b) when sentencing A for the offence, the court imposing the sentence—

(i) did not know where the victim’s remains were disposed of,

(ii) believed A had information about where, or how, the victim’s remains were disposed of which A had not disclosed (“A’s non-disclosure”), and

(iii) treated A’s non-disclosure as an aggravating factor.

(2) If, on or after the commencement date, A makes a disclosure that would be a relevant disclosure but for the fact that A’s sentence was not passed in accordance with section 24; sections 28 and 29 apply with the modifications set out in subsections (3) and (4).

(3) Section 28 applies as if, in subsection (1)(a) the words “in accordance with section 24” were omitted.

(4) Section 29 applies as if—

(a) in subsections (3) and (5) the reference to “the additional custodial period” were a reference to “the notional additional period”, and

(b) after subsection (8), the following was inserted—

“(9) In this section “notional additional period” means 25 per cent of the relevant custodial period.”

(5) If A makes a disclosure falling within subsection (2) and, before the commencement date, A made a disclosure to the Department containing substantially the same information (“a pre-commencement disclosure”), section 29 applies with the modification set out in subsection (6) (in addition to the modifications set out in subsection (4)).

(6) Section 29 applies as if in subsection (5), in the description of N, the reference to the day on which the offender makes the relevant disclosure were a reference to the day on which A made the pre-commencement disclosure.

(7) If a disclosure falling within subsection (2) is made in the circumstances described in subsection (5) and the period given by the formula in section 29(5) is greater than the portion of the relevant custodial period that A is liable to serve, A is to be treated as having served the relevant custodial period.

(8) In this section, “the commencement date” means the date on which this Part comes into operation.