Commons Amendment

Part of the debate – in the House of Lords at 12:45 pm on 3rd April 2003.

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14 After Clause 13, insert the following new clause—

"INDEPENDENT MEMBERS: DISQUALIFICATION

(1) In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c.32) (disqualification for membership of district policing partnership) for sub-paragraph (2) substitute—

"(2) A person is disqualified for being an independent member of a DPP if—

(a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

(b) the relevant period has not ended.

(3) The relevant period is the period of five years beginning with the person's discharge in respect of the offence.

(4) For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

(a) his release on licence;

(b) his release in pursuance of a grant of remission.

(5) Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

(6) Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

(7) Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

(8) In this paragraph "suspended sentence" means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met."

(2) Subsection (1) comes into force in accordance with provision made by the Secretary of State by order."