Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41)

PART 2 U.K. The Independent Commission for Reconciliation and Information Recovery

Immunity from prosecution U.K.

Prospective

23 Personal statements by persons affected by deaths etc U.K.

(1) This section applies in relation to—

(a) each review of a death which the ICRIR carries out following a request made under section 9;

(b) each review of other harmful conduct which the ICRIR carries out following a request made under section 10;

(c) each request for immunity from prosecution that is made under section 19 (whether or not the ICRIR carries out a review following a decision made under section 12(2) or (3), and whether or not the ICRIR has made such a decision).

(2) The Chief Commissioner must give an eligible person an opportunity to provide a personal statement to the ICRIR.

(3) If an eligible person provides a personal statement, the Chief Commissioner must give that person an opportunity to supplement the statement.

(4) In this section “personal statement” means a statement by an eligible person about the way in which, and degree to which, the Troubles-related events have affected and continue to affect—

(a) that person, and

(b) other relevant persons (if, and to the extent that, the person providing the statement is aware of, and wishes the statement to deal with, the effect on those persons).

(5) The definitions in subsection (6) are to be used for the purposes of this section in cases where this section applies—

(a) in relation to a review of a death which the ICRIR carries out following a request made under section 9, or

(b) in relation to a request for immunity from prosecution that is made under section 19—

(i) where the ICRIR carries out a review of a death following a decision made under section 12(2), or

(ii) where, if the ICRIR were to carry out a review in connection with the request for immunity, it would be a review of a death following a decision made under section 12(2).

(6) In any of those cases—

• “eligible person” means—

  (a)

  each known close family member of the deceased (and Part 1 of Schedule 3 is to apply for the purpose of determining who is a close family member), or

  (b)

  if there are no known close family members, each other known family member of the deceased to whom the Chief Commissioner considers it is appropriate to give an opportunity to provide a personal statement;

  and here “known” means known to the ICRIR by virtue of any of its other functions;

• “other relevant person” means—

  (a)

  a member of the family of the person to whose death the review relates;

  (b)

  a member of the family of any other person killed in the relevant event;

  (c)

  a person who suffered serious physical or mental harm in the relevant event and has subsequently died;

  (d)

  members of the family of a person falling within paragraph (c);

• “Troubles-related events” means—

  (a)

  the death to which the review relates, and

  (b)

  the relevant event (which has the same meaning as in section 16(2)).

(7) The definitions in subsection (8) are to be used for the purposes of this section in cases where this section applies—

(a) in relation to a review of other harmful conduct which the ICRIR carries out following a request made under section 10, or

(b) in relation to a request for immunity from prosecution that is made under section 19—

(i) where the ICRIR carries out a review of other harmful conduct following a decision made under section 12(3), or

(ii) where, if the ICRIR were to carry out a review in connection with the request for immunity, it would be a review of other harmful conduct following a decision made under section 12(3).

(8) In any of those cases—

• “eligible person” means—

  (a)

  each known close family member of the injured person (and Part 1 of Schedule 3 is to apply for the purpose of determining who is a close family member), or

  (b)

  if there are no known close family members, each other known family member of the injured person to whom the Chief Commissioner considers it is appropriate to give an opportunity to provide a personal statement;

  and here “injured person” means the person who was caused the physical or mental harm by the other harmful conduct concerned; and “known” means known to the ICRIR by virtue of any of its other functions;

• “other relevant person” means—

  (a)

  a member of the family of any person killed in the relevant event;

  (b)

  a person who suffered serious physical or mental harm in the relevant event and has subsequently died;

  (c)

  members of the family of a person falling within paragraph (b);

• “Troubles-related events” means—

  (a)

  the other harmful conduct to which the review relates, and

  (b)

  the relevant event (which has the same meaning as in section 16(3)).

Commencement Information

I1 S. 23 not in force at Royal Assent, see s. 63(4)