Legislation – Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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Introduction

PART 1
The Troubles

1 Meaning of “the Troubles” and other key expressions

PART 2
The Independent Commission for Reconciliation and Information Recovery

2 The Independent Commission for Reconciliation and Information Recovery

3 ICRIR officers

4 Actions of the ICRIR: safeguards

5 Full disclosure to the ICRIR

6 Operational powers of ICRIR officers

7 Admissibility of material in criminal proceedings

8 Admissibility of material in civil proceedings

9 Requests for reviews of deaths

10 Requests for reviews of other harmful conduct forming part of the Troubles

11 Requests for reviews: general provision

12 Reviews in connection with requests for immunity from prosecution

13 Conduct of reviews

14 Supply of information

15 Production of reports on the findings of reviews

16 Consultation on reports

17 Issuing and publication of reports

18 Reports: general provision

19 Immunity from prosecution

20 Requests for immunity: procedural matters

21 Determining a request for immunity

22 The immunity requests panel

23 Personal statements by persons affected by deaths etc

24 Publication of personal statements

25 Information for prosecutors

26 Subsequent convictions: revocation of immunity

27 False statements: offence

28 Production of the historical record

29 Publication of the historical record

30 Disclosure of information: general power and prohibitions

31 The ICRIR’s use of information obtained by it

32 Identifying information that is subject to additional safeguards

33 Guidance and protocols relating to information

34 Regulations about the holding and handling of information

35 Biometric material

36 Review of the performance of the ICRIR’s functions

37 Conclusion of the work of the ICRIR

PART 3
Investigations, legal proceedings etc and release of prisoners

38 No criminal investigations except through ICRIR reviews

39 Grant of immunity: prohibition of criminal enforcement action

40 No grant of immunity: restrictions on criminal enforcement action

41 Other Troubles-related offences: prohibition of criminal enforcement action

42 General provision and saving for ongoing pre-commencement action

43 Tort, delict and fatal accident actions

44 Inquests, investigations and inquiries

45 Police complaints

46 Interim custody orders: validity

47 Interim custody orders: prohibition of proceedings and compensation

48 Prisoner release

PART 4
Memorialising the Troubles

49 Oral history

50 The memorialisation strategy

51 Response to the memorialisation strategy

52 Academic research

53 Annual reports

54 Carrying out the Troubles-related work programme

55 The advisory forum

56 Designated persons and funding

57 Interpretation of this Part

PART 5
Final provisions

58 Consequential provision

59 Regulations

60 Interpretation

61 Application to the Crown

62 Extent

63 Commencement

64 Short title

SCHEDULES

SCHEDULE 1 The ICRIR, the Commissioners and ICRIR officers

SCHEDULE 2 Operational powers of ICRIR officers

SCHEDULE 3 Family members

SCHEDULE 4 Supply of information: enforcement

SCHEDULE 5 No immunity in certain circumstances

SCHEDULE 6 Permitted disclosures of information

SCHEDULE 7 Offences relating to disclosure of information

SCHEDULE 8 Identification of sensitive, prejudicial or protected international information

SCHEDULE 9 Determination of whether the prohibition on civil actions applies

SCHEDULE 10 Civil actions to which the 2008 Mediation Directive applies

SCHEDULE 11 Investigations, inquests and inquiries in England and Wales and Scotland

SCHEDULE 12 Prisoner release

SCHEDULE 13 Amendments

Criminal investigations and proceedings

40No grant of immunity: restrictions on criminal enforcement action

(1)

This section applies in relation to a serious or connected Troubles-related offence by a person (P) unless P has been granted immunity from prosecution for the offence under section 19.

(2)

Criminal enforcement action may be taken against P in respect of the offence by P if—

(a)

the Commissioner for Investigations has referred conduct by P to a prosecutor under section 25 (the “relevant conduct”),

(b)

the offence by P is—

(i)

the suspected offence, or one of the suspected offences, notified to the prosecutor under section 25, or

(ii)

another offence which the relevant conduct constitutes, and

(c)

the criminal enforcement action is taken in connection with that referral (including any prosecution or conviction which follows from that referral).

(3)

An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.

(4)

An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may charge P with the offence by P; and a prosecutor may conduct criminal proceedings arising from any such charge.

(5)

If subsection (2) becomes applicable to the offence by P, criminal enforcement action against P in respect of the offence may no longer be taken in accordance with subsection (3) or (4).

(6)

But that does not limit the criminal enforcement action that may be taken in accordance with subsection (2) after it becomes applicable (and, in particular, action previously taken in accordance with subsection (3) or (4) may be continued in accordance with subsection (2)).

(7)

Subsections (2), (3) and (4) only authorise a person to take criminal enforcement action by the exercise of powers which that person has otherwise than by virtue of this section.

(8)

This section has effect subject to section 42(4) (pre-commencement criminal enforcement action).