21.Children found guilty of particularly serious offences may be sentenced to a period of detention. Under Articles 45(2) and 46 of the Criminal Justice (Children)(Northern Ireland) Order 1998 it is a matter for the Minister of Justice to decide when within the sentence period a child should be released, under what licence conditions and under what circumstances the child should be recalled to custody. This process has been declared incompatible with Article 5 of the ECHR because it lacks judicial or judicial-style independence. The Act introduces this required element by transferring the powers currently held by the Minister to the sentencing judge and the Parole Commissioners for Northern Ireland.
Background and Policy Objectives Release on licence of child convicted of serious offence