Recommendation 21

The expansion of the early release scheme risks breaching Articles 2 and 3. By removing the need to serve a minimum term in custody and reducing the amount to zero, this amounts to a partial amnesty whereby those convicted of serious offences may effectively have their sentences extinguished by the Bill. The disproportionality between the severity of the offences and the reduction in sentence may amount to 40 Legislative Scrutiny: Northern Ireland Troubles (Legacy and Reconciliation) Bill a violation of the Convention as it will effectively allow for impunity. We suggest the scheme should not be extended to such an extent that it equates to impunity. (Paragraph 90) The McKerr Group of cases