Part 2: The Independent Commission for Reconciliation and Information Recovery (ICRIR) Immunity from prosecution Section 19: Immunity from prosecution
This section sets out the conditions which need to be met for the ICRIR to grant immunity from prosecution, and how a grant of immunity should be formulated where those conditions are met. Subsection (1) imposes a duty on the ICRIR to grant immunity from prosecution in a case where each of conditions A to C are met.
	Subsections (2), (3) and (5) establishes conditions A to C respectively:
The person has requested immunity from prosecution.
The immunity requests panel (see section 22) is satisfied that the person has provided an account which is true to the best of their knowledge and belief and which describes conduct by that person which forms part of the Troubles.
The panel is satisfied that the person’s conduct, as described by them in their account, would tend to expose that person to a criminal investigation for suspected involvement in, or to prosecution for, one or more particular serious or connected Troubles-related offences identified by the panel. (For the purposes of determining whether this condition is met, subsection (6) requires the panel to disregard the effect of the restrictions on criminal investigations and prosecutions created elsewhere in the Act in relation to such offences, and also the effect of other law which might otherwise prevent a prosecution, for example abuse of process).
	Subsection (4) provides that the account of the person applying for immunity may consist of or include information provided previously (whether directly to the ICRIR or otherwise) as long as the panel is satisfied that the information is true to the best of the person’s knowledge and belief.
	Subsections (7) to (12) require the immunity requests panel to decide how to formulate the grant of immunity. Under subsection (7) the panel has three options, but whichever it chooses the grant of immunity must be broad enough in scope to cover all the serious or connected Troubles-related offences which the panel considers the person’s conduct, as described in their account, would tend to expose that person to investigation/and or prosecution for (so called "identified possible offences"). An award of general immunity - defined in subsections (9) and (10) - is likely to be appropriate in most cases, but the panel has the flexibility to grant specific immunity - defined in subsection (8) in instances where - for example - an individual may have had a lesser role in a death or serious injury, or where the factual position is straightforward. Immunity (whether general or specific) can only be granted in respect of conduct disclosed by an individual as part of their application. It will not extend to all Troubles-related conduct that an individual may have been involved in but which has not been disclosed.
	Subsection (13) sets out that the ICRIR must in writing notify the individual of the outcome of their application for immunity, and must, where the duty to grant immunity applies because each of the conditions A to C are satisfied, grant immunity in accordance with subsections (7) and to (12). Subsection (14) establishes that immunity can not be revoked except by a court under section 26. Subsection (17) provides that this section is subject to schedule 5, which sets out the circumstances in which immunity from prosecution must not be granted.