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Version Superseded: 08/10/2001
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(1)No person shall suffer death for murder and a person convicted of murder shall, subject to [F1Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (detention of children at Secretary of State’s pleasure)], be sentenced to imprisonment for life.
(2)On sentencing any person convicted of murder to imprisonment for life the court may at the same time declare the period which they recommend to the [F2Secretary of State] as the minimum period which in their view should elapse before the [F2Secretary of State] orders the release of that person on licence under section 23 of the M1Prison Act (Northern Ireland) 1953.
(3)[F2The Secretary of State] shall not release or discharge on licence a person convicted of murder and serving a sentence of imprisonment for life or detained under the said [F1Article 45(2)], except after consultation with the Lord Chief Justice of Northern Ireland together with the trial judge, if available.
(4)For the purpose of any proceedings on or subsequent to a person’s trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.
(5)In this section “capital murder” means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the M2Criminal Justice Act (Northern Ireland) 1966.
Textual Amendments
F1Words in s. 1(1)(3) substituted (31.1.1999) by S.I. 1998/1504, art. 65(1), Sch. 5 para. 6; S.R. 1999/25, art. 2
F2Words substituted by virtue of S.I. 1973/2163, art. 11(5)
Modifications etc. (not altering text)
C1S. 1(3) modified (1.10.1997) by 1984 c. 47, Sch. para. 3 (as substituted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 10(1)(2)); S.I. 1997/2200, art. 2(h)
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