Criminal Justice (Sentencing etc) Bill

Parole Commissioners

Duty to consider failure to disclose

31.—(1) This section applies if—

(a) the Parole Commissioners are making a public protection decision in respect of a prisoner (“P”),

(b) P’s sentence was passed for murder or manslaughter,

(c) the Commissioners do not know where the victim's remains were disposed of, and

(d) the Commissioners believe that P has information about where, or how, the victim's remains were disposed of which P has not disclosed (“P’s non-disclosure”).

(2) Before making the public protection decision, the Commissioners must obtain and consider information about P’s non-disclosure.

(3) In making the public protection decision, the Commissioners must take into account—

(a) P's non-disclosure, and

(b) the reasons, in the Commissioners’ view, for that non-disclosure.

(4) Subsection (3) does not limit the matters which the Commissioners must, or may, take into account when making a public protection decision.

(5) In subsection (1)(b)—

(a) the reference to a sentence passed for murder or manslaughter includes a sentence passed for such an offence before the date on which this Part comes into operation;

(b) the reference to murder includes—

(i) murder under the law of England and Wales, Scotland, any of the Channel Islands or the Isle of Man, and

(ii) any offence under the law of any other country or territory that corresponds to murder under the law of Northern Ireland;

(c) the reference to manslaughter includes—

(i) culpable homicide under the law of Scotland,

(ii) manslaughter under the law of England and Wales, any of the Channel Islands or the Isle of Man, and

(iii) any offence under the law of any other country or territory that corresponds to manslaughter under the law of Northern Ireland.

(6) In this section—

“the Parole Commissioners” means the Parole Commissioners for Northern Ireland;

“public protection decision” means a decision under any of the following provisions as to whether the Parole Commissioners are satisfied that it is no longer necessary for the protection of the public to confine a prisoner—

(a) Article 46(3)(b) of the Criminal Justice (Children) (Northern Ireland) Order 1998;

(b) Article 6(4)(b) of the Life Sentences (Northern Ireland) Order 2001;

(c) Article 18(4)(b) or 20A(4)(b) of the Criminal Justice (Northern Ireland) Order 2008.