Naomi Long
East Belfast · Alliance Party · Northern Ireland
“Underneath the Facebook posts to say that he had passed away, people speculated with such comments as, "Probably high on drugs", "Probably drunk", and, "Typical boy racer". There was all of that speculation. It was hurtful to the family, and it was inaccurate.”
“There are circumstances that we need to consider and be careful of. I was told, for example, that, when the issue of good character references at trial was being looked at in New South Wales — Committee members may wish to look at this for themselves — one of the groups that opposed their removal was representative of domestic abuse victi…”
“It sets out the strategic direction adopted by the Department and key partners to tackle those appalling crimes and protect vulnerable victims of exploitation.”
“The provision seeks to provide protection, via legal advice and representation for complainants, against the use of non-relevant personal material and evidence of previous sexual history being used in the court process.”
“<BR /> <BR />On the wider issue of ensuring that a withdrawal of services never happens again, I think that most of us agree that, although everyone has the right to take industrial action, no one has the right to derail and hold to ransom the entire justice system in that way.”
“Those measures will go some way towards helping to support complainants and enable them to have input into the decision-making process about what records containing their personal and sensitive information are required to be shared with the defence.”
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“I thank the Member for giving way. The issue with the three years is what we are considering when looking to increase the jurisdiction of the Magistrates' Court. If we go down that route and increase its jurisdiction as intended, there will be the opportunity to add unduly lenient sentences in that context. In the context, however, in which the maximum sentence is 12 months, as is the case currently — by exception, there are a small number of offences for which it is two years — it would not make sense to do that. If, however, we do increase sentences at the same time, we can look at increasing the opportunity for appeal against undue leniency.”
“I thank the Member for giving way. I appreciate that he is being generous with his time. I will come on to that in more detail, but I will say for now that the difference is that, if a 12-month custodial sentence in the Magistrates' Court is appealed, it cannot be changed, because that is, by and large, the maximum sentence permitted there. By exception, two-year sentences are possible in the Magistrates' Court. The real challenge is where the Public Prosecution Service (PPS) chooses to prosecute the case. If it prosecutes it in the Crown Court, and somebody gets only a year, it can be appealed. If they get a year in the Magistrates' Court, however, that is the maximum sentence available.”
“I appreciate the Member giving way. I know that that is something that he is passionate about. It is for that reason that I put the issue of a sentencing council into the sentencing review that is happening at the moment. When we consulted on that previously, there were very disparate views on its effectiveness and affordability. Before jumping into doing something, I want to be sure that it is the best and most efficient and effective use of resource. I do not disagree with the Member that added transparency and clarity are useful, but I am not sure that a sentencing council in a jurisdiction this small would necessarily be the best use of resource. However, it could be looked at as part of the review, and that might be a good way to build up the evidence.”
“The letter that I sent to colleagues in the Executive set out my reasons for wishing to include transgender as one of the protected characteristics. We have seen a massive increase in violence and hate crimes against those who are transgender. <BR /> <BR />The issue is how much of the crime that we see happening on our streets could genuinely be said to be driven by misogyny. That is a bigger challenge, but it is something that will form part of the phase 2 consultation. In Scotland, the Government took the option of bringing forward a separate misogyny Bill because they did not believe that it fitted in the hate crime model.”
“I think that the Member is conflating two slightly different issues. One is about gender or sex, as in male or female, and it was about the number of misogyny hate crimes that were picked up. The other is to do with transgender hate crimes, which, as we know, have increased.”
“I welcome the support for the aggravator model that we have heard so far in the debate. To be clear, it is not about being restrictive. We consulted on the categories in the Bill at the moment. There is also a clause that allows us to add by regulation additional categories, given that a phase 2 consultation will look at other protected characteristics: for example, defining age, sectarianism and so on are more complex issues that were not covered in the phase 1 consultation, but they can be added without further primary legislation after the Bill is passed.”
“There is a balance to be struck, and I will be interested to engage with the Committee and the Member on that as we go through the process.”
“I appreciate the engagement on this. The recording of hate incidents falls to the PSNI, but it would not affect only hate incidents; it would affect all reports of potential incidents that have taken place. Whilst I understand the point that the Member makes about how long people's data can be held — it is well made, but it is something that we are dealing with separately — there is a fundamental issue relating to the fact that some people will behave in ways that mean that they cannot be prosecuted due to a lack of evidence or that do not meet the criminal threshold but can often be an indicator of other behaviours. Serial sex offenders, for example, may often start with low-level indicators. If those are recorded and held, a pattern may emerge, and losing that information because it falls short of the criminal would be dangerous.”
“I thank the Member for giving way. He is always generous with his time, and I appreciate it. <BR /> <BR />The Member will appreciate that the gestation of the Bill has been 10 years. It has taken a long time to get here. That is partly because the Assembly was not here for half of those 10 years. It is also because it takes a long time to develop policy. We are doing the review alongside this, if you like, because we recognise that the Bill will not cover every issue. We want to ensure that we do not take missteps in trying to rush to legislate when we have not done the policy development. Therefore, I reassure the Member that, if, during the passage of the Bill, issues emerge that need to be addressed, we will be more than happy to look at them as part of that review and try to take them forward in the next mandate.”
“I do not believe, and I have never believed, that "novel" and "unique" should be seen as weaknesses. To the contrary, they are the purpose of devolution. Importantly, the Bill introduces significant changes that will make a positive difference to the people whom we represent, particularly victims of crime, and will improve confidence in the criminal justice system and increase the transparency and effectiveness of sentencing. <BR /> <BR />I look forward to working with the Committee for Justice and my Assembly colleagues to ensure that the Bill's provisions are enacted within this mandate. I commend the Bill to the House.”
“<BR /> <BR />Finally, Part 7 addresses an issue that has lain unresolved for many years through the provision that a disqualified driver will serve their disqualification period after they are released from prison. That will give real meaning to disqualifications in those horrendous cases, keeping such drivers off our roads for longer periods than is the case at present. <BR /> <BR />The proposed new provisions are proportionate in the context of the law and also when we consider how heinous those crimes are, cruelly robbing the victims of their future and their families of a son or a daughter. <BR /> <BR />That concludes my remarks on the substantive policy content of the Bill as introduced. As Members have heard, the Bill includes some novel and unique provisions.”
“<BR /> <BR />The changes made by Part 7 will see an increase from 14 years to 20 years in the maximum sentence available for the offences of causing death or serious injury through dangerous driving or careless driving with drink or drugs. That unique new maximum penalty befits the horror of such offences, and it cannot come into effect too soon. <BR /> <BR />Part 7 also provides for a possible life sentence where a driver has a previous conviction for one of those offences, and it increases the minimum disqualification period for the offences from two years to four years. For repeat offenders, it increases it from three years to six years.”
“They have echoed comments that I hear all too often, highlighting the process-driven nature of our criminal justice system, which comes up short of the mark in demonstrating compassion and respect for victims and those who are left to pick up the pieces after such devastating offences have been committed. <BR /> <BR />Ms Sugden mentioned trauma earlier. I have made clear my belief that our justice system must be more trauma-informed from start to finish. I again place on record my intention to continue to work to improve the experience of victims and bereaved families who, through no fault of their own, find themselves thrust into that unwanted and unfamiliar world. Funded by my Department, Victim Support NI provides advice and support to families of victims as they go through the criminal justice system.”
“It is particularly poignant for them that we are discussing this Bill today, given that Friday of this week, 20 March, would have been Enda's thirtieth birthday. Enda was just 18 when he was killed, so the Bill has been a long time coming. <BR /> <BR />I have been struck by the patient and measured way in which those families have maintained their campaigns, which address not only the sentencing of those convicted of offences that caused the death of their children but the wider lived experience of following prosecutions from beginning to end.”
“<BR /> <BR />Part 7 is the final substantive part of the Bill. It makes changes to current maximum penalties and minimum disqualification periods for a range of driving offences in which death or serious injury occurs. The changes have been campaigned for by courageous families who have lost loved ones on our roads. At this juncture, I pay tribute in particular to the families of Enda Dolan, Martin Gallagher and Lesley-Ann McCarragher, all of whom contributed to the development of the provisions, in the hope that they will prevent other families from having to endure the same heartbreak as them. <BR /> <BR />Mr and Mrs Dolan in particular have worked with us every step of the way, and they are, I believe, in the Public Gallery today.”
“The Bill, therefore, creates a new offence of assault on a worker who is providing a service to the public, delivering a public service or performing a public duty. The new offence recognises those workers and introduces a higher maximum sentence than that available for the existing common assault offence. It provides much more scope for the judiciary to take into account the factors of individual cases and, importantly, is not restricted to the public sector. <BR /> <BR />Finally, Part 6 creates further aggravators that may be specified in a case in which a person who is a public worker is the subject of any of a range of more serious offences. It is intended that those provisions will send the strong message that no one should have to put up with being attacked simply for doing their job.”
“Over the course of finalising the proposals for the Bill, a growing and worrying trend of unprovoked attacks demonstrated that many workers who provide services to the public can be described as being on the front line. In addition to members of the emergency services and the health and social care service, victims included retail workers, hospitality workers, public transport workers, service providers and lawyers, and the list goes on. Whilst all of those attacks can currently be dealt with under the laws pertaining to existing assault offences, it is considered that something more is needed for workers whose job means that they have to deal routinely with members of the public.”
“In creating the legislation, we are recognising the impact on victims and reassuring communities that crimes against them are being taken seriously. <BR /> <BR />Continuing with the theme of those who deserve special protection, Part 6 goes on to create an aggravator where the victim is a vulnerable person. Both for hate crime and vulnerable victims, the Bill requires the court to treat the offence more seriously, to state that the offence is so aggravated, to record the conviction in such a way that shows the aggravation and, in imposing the sentence, to explain how the aggravation has affected the sentence imposed. <BR /> <BR />A third group of victims is also catered for.”
“First, it delivers on the most impactful recommendations from Judge Marrinan's review of hate crime legislation and introduces a new model for tackling hate crime in Northern Ireland. It creates a statutory aggravator model for offences aggravated by hostility where the victim belongs to a racial, religious, sexual orientation or disability group. The aggravated offence model will provide a system-wide response to the criminalisation of the hate element of crimes. The provisions also allow the Department to add further kinds of hostility or details to the list by subordinate legislation. The impact of hate can be long-lasting and far-reaching, going beyond the victim's personal experience and increasing fear in the wider community.”
“Those provisions are carefully designed to apply with some modification to cases where a sentence has already been imposed, thus importantly capturing Charlotte Murray's family’s situation. In addition, Part 5 includes provisions similar to Helen's law, which requires the Parole Commissioners to take non-disclosure into account if a prisoner still has not given up that information by the time they can be considered for release on licence. I remain committed to giving hope to families who find themselves in those appalling circumstances and trust that the provisions will make a meaningful difference to them. <BR /> <BR />Part 6 deals with groups whose needs justify particular protection.”
“To have nowhere to go to grieve and nowhere to pay your respects is a cruelty that is hard for any of us to imagine. We want to deal with that in the legislation by encouraging people, at the earliest point in their journey through the justice system, to give up such crucial information to the families and the courts. <BR /> <BR />The Bill makes groundbreaking provision aimed at encouraging disclosures about the location of a victim's remains. It introduces a requirement for the court to increase the custodial sentence or life sentence tariff imposed to take account of the failure to disclose, and it makes provisions for proportionate reductions in the sentence should a disclosure be made while the killer is in prison.”
“Part 5 creates what we have referred to as "Charlotte's law". Members will be aware of the campaign that was so bravely taken forward by the family of Charlotte Murray, with strong support from Lisa Dorrian's family. Those families are keenly watching the Bill’s progress, and Lisa's father and her sister, Joanne, are present in the Public Gallery today. I thank both families for their invaluable contribution to the development of the provisions in the Bill before us. Charlotte was murdered by her former partner, John Miller, who was given a life sentence in 2021 for taking her life, despite protesting his innocence, and Charlotte's remains have never been found. Lisa's disappearance now spans 21 years. The pain endured by those two families is unimaginable.”
“That will take the guesswork out of knowing which sentences may be referable, bringing much-needed clarity and consistency to the scheme and enhancing public understanding of it.”
“The Bill largely re-enacts those provisions, creating Northern Ireland's own statutory regime for the first time, but with the significant change that it allows any sentence passed by the Crown Court to be referred.”
“Part 4 of the Bill simplifies and extends those arrangements for Northern Ireland so that all sentences imposed in the Crown Court will be capable of being referred to the Court of Appeal for reconsideration if they are considered to be unduly lenient. The current provisions are found in the Criminal Justice Act 1988. That UK-wide legislation includes a number of modifications in relation to its application to Northern Ireland. The provision allows for sentences of a description specified in departmental orders to be referable and has resulted in a patchwork approach with no clear rationale as to why some sentences are included and others are not.”
“It can be difficult to identify the appropriate and most up-to-date case law, meaning that that approach lacks a certain transparency, and it is at odds with the position in England and Wales, where these are found in statute. Including starting points in the Bill will help address this issue as well as provide more clarity to the public on how tariffs in life sentence cases are calculated. <BR /> <BR />Where certain specified sentences are considered to be unduly lenient, the Director of Public Prosecutions in Northern Ireland already has the power to refer them to the Court of Appeal for reconsideration.”
“While a life sentence is available as the maximum sentence for a number of the most serious offences, murder is the only offence where it is mandatory. Part 3 of the Bill makes provision in relation to the setting of tariffs when the court imposes a mandatory life sentence. To arrive at the final tariff, the court selects the appropriate starting point and then adjusts this up or down to take account of aggravating or mitigating features of the case. Starting points are currently found in case law, with guidance issued by the Northern Ireland Court of Appeal to help the courts in their choice of starting point and the impact of some of the more common aggravating and mitigating factors.”
“The requirements may include unpaid work, curfew or electronic monitoring, or requirements relating to the offender's residence, activities or treatment. Building on current community sentence legislation, the provisions also set out the responsibilities of the probation officer assigned to ensure that the offender complies with the order and makes provision for the consequences of a breach of an order. <BR /> <BR />As Members are aware, life sentences include a period known as the tariff, set by the court, that the offender must spend in prison before they are eligible to have their case considered by the Parole Commissioners for release on licence. Once released, the licence remains in force for the rest of their life. If a person breaches the conditions of their licence, they may be returned to prison for a further period.”
“It therefore acts as a deterrent from further offending but does little to address the root cause of that offending behaviour. This part of the Bill seeks to draw on well-documented evidence that those who are subject to community sentences tend to have a lower reoffending rate than those who receive short custodial sentences. In other words, there is a definite place for suspended sentences, but we can make them more effective in ensuring both that an offender is accountable for their offending and that they do not reoffend. The provisions aim to strengthen the suspended sentence to allow the courts, in suitable cases, to impose community requirements similar to those currently available under the community sentence framework along with a suspended sentence.”
“It further requires the courts to follow any sentencing guidance that is relevant to the offender's case and to give reason in cases where guidance is not followed. These provisions are designed to help those involved in criminal proceedings and the public more generally to understand the multilayered aims of sentencing and matters that the courts must take into consideration when carrying out what is a complex task. <BR /> <BR />Part 2 of the Bill contains provisions to allow the courts to include additional requirements when imposing a suspended sentence. A suspended sentence is a custodial sentence that is not put into effect unless the offender commits further offences within the period specified by the courts.”
“Only the court that has heard every detail of the case can be in a sufficiently informed position to make those decisions, some of which have far-reaching effects, not only on the offender but on the wider family circle, on victims and on others in our society. However, there must be some parameters around those decisions. At present, statute provides the maximum sentence for every offence, and it is understood that certain other matters must be considered, but it is not always clear to the public what the court aims to do. <BR /> <BR />Part 1 of the Bill places in legislation for the first time in Northern Ireland a clear statement of the purposes and principles of sentencing and requires the courts to have regard to those when dealing with adult offenders.”
“It consists of 51 clauses over eight Parts, and has six key objectives: first, to set in statute the basis on which sentencing decisions across the board, and in particular types of cases, are made; secondly, to make better use of community sentencing principles; thirdly, to simplify and extend current arrangements of the review of unduly lenient sentences; fourthly, to introduce Charlotte's law; fifthly, to require the courts to specify and specifically recognise certain characteristics of victims in sentencing; and, last but not least, to increase the maximum penalties for a range of road traffic offences where death or serious injury occurs. <BR /> <BR />It is right that the courts apply their discretion when charged with the complicated task of deciding the appropriate sentence to impose an any offender.”
“It is often the subject of media comment, but sentencing in individual cases is a matter for the independent judiciary. The role of government is restricted to providing a legislative framework within which the courts can deliver justice as befits the individual circumstances of each case. <BR /> <BR />The Bill aims to strengthen and improve the existing framework.”
“Thank you, Madam Principal Deputy Speaker. I am pleased to bring the Criminal Justice (Sentencing etc) Bill to the Assembly. On my reappointment as Minister of Justice in February 2024, I agreed my legislative programme with the aim of continuing the transformation of our justice system into a better one for all. The Bill is another step forward in that reform programme, demonstrating my commitment to improving the justice system, and, in particular, the transparency, understanding and effectiveness of sentencing through this bespoke piece of legislation. <BR /> <BR />Sentencing is one of the most complex aspects of the duties of courts. Court sentencing powers include a wide range of disposals from the lowest levels of non-custodial sentences up to the most severe custodial sentence: a life sentence.”
“A number of steps would have to be taken before the PSNI could use live facial recognition technology. Procedures would have to be put in place, and they would have to be tested by the Policing Board, with input from its human rights adviser. As I have said, however, I do not believe that overly intrusive surveillance of the public is the way in which to build confidence in either the PSNI or the justice system, nor is it the way in which to build confidence in wider society. People have a right to privacy. Provided that that privacy is not a cloak for offending behaviour, it should not be interfered with by the state or anyone else.”
“I am sure that that is something that the Policing Board will take forward as it engages on the issue.”
“The use of facial recognition technology is an operational matter for the PSNI. It is something that the Policing Board has looked at. It does not fall within the work that I have been doing on holding biometrics. It falls into a different space. I agree, however, that the use of any form of technology that involves holding our personal information, be that our faces or otherwise, is something that needs to be considered very carefully on each occasion on which it is used. It also needs to be properly regulated. I do not believe that having an overly intrusive state is necessarily the best way in which to keep people safe. Indeed, given that the state may often make mistakes in using that information, it can cause more harm than good, so a balanced approach has to be taken.”
“<BR /> <BR />I agree with the Member that the prevalence of domestic and sexual abuse in our society is not just a historical issue but one that is prevalent today. The number of people affected is more significant than the number of people who have come forward. I always encourage people to make a disclosure about their abuse, be it historical or otherwise, to the PSNI, because people who may not feel that their abuse was part of a wider pattern may learn through disclosure that it was.”
“I say first that I recognise that there are many people who have been subjected to sexual abuse, whether as children or as adults, in settings that are not institutional. Their pain, horror and trauma is no different from that of those who were abused in institutional settings. The Executive took the lead on inquiries into institutional settings because, as the state, we had responsibility for the children in those settings. Something along the lines of a prevalence survey would be very useful, but I am not sure that it would necessarily fall to the Department of Justice to take one forward. The Department of Health or the Executive Office, given their wider responsibilities in the space, may be better placed to undertake such a survey.”
“The problem is that we have significantly higher levels of remand in this part of the UK than is the case anywhere else in these islands. The pressure that that places on the justice system is not insignificant. It also challenges us, in that we cannot rehabilitate people while they are on remand, because here is no compulsion for them to engage with the regime. The result of that can be that people are released on time served after they go through the court system, which feels like a slap in the face for victims but also means that we have done none of the rehabilitation work that we would have liked to do. I therefore caution against thinking that remand is a silver bullet for the wider discontent over individual decisions that may be made around bail.”
“<BR /> <BR />We have a problem in Northern Ireland that I would caution the Member about before he goes down the route of tabling an amendment; however, if he does so, I would be happy to consider that and to give him a straight answer on it when I have it in front of me.”
“It would be important for any Member who decided to legislate in that space to undertake a full consultation, particularly with the judiciary, because none of us would want to impinge on judicial independence or encroach on a judge's discretion. To be clear, the granting of bail is not a measure of whether a crime is serious; it is simply a measure of the other issues, such as whether the judge believes that the person is likely to interfere with witnesses, to abscond or to commit further offences while on bail. Those are the issues that will influence the outcome of bail applications. A person is innocent until proven guilty — when proven guilty, they will be sentenced — so it will vary greatly.”
“I do not want it to become a review of sentencing, bail and other court processes, because that would widen its scope, and it would lose focus. I have been criticised for introducing miscellaneous provisions Bills, because they are so wide in scope. One such Bill is in train; we are trying to keep the other two as laser-focused as we can.”
“We cannot do everything in one piece of legislation. That legislation has its roots in 2019, when the original consultation was conducted. At that time, we looked carefully at what would be required to update our legislation. Sadly, it has taken us until now to have stability in the Assembly at the same time as the legislation has been produced. <BR /> <BR />Other issues will arise. For example, in recent months, Members have brought to me other changes to sentencing that they would like to see, which has confirmed my view that we need a new sentencing review. There will be an opportunity for the Member to feed his proposal into that review. However, I am conscious of the need to keep the sentencing review narrow.”
“I know that Andrew is aware of the matter, and I have raised other firearms licensing issues with him. However, as I said, when it comes to how the PSNI operates the system, such issues ultimately fall to the Chief Constable. The portal is in place to ease the way for people to put in applications, but I know that not everybody is as digitally enhanced, perhaps, as they would need to be to manage that. However, the portal is meant to be simplified so that people can easily access it. If anybody has difficulties with their application, I am sure that a kindly MLA would be more than happy to help them.”
“My understanding is that the PSNI portal has been in operation for some time and is a cost- and resource-saving measure. I also understand that it is possible to get assistance with access to the portal if required. Ultimately, however, how the PSNI receives applications and dispenses licences is an operational matter, so it would be for the Member, if he wishes, to approach the Chief Constable on behalf of his constituents. Other Members have raised the matter with me, but my understanding is that the majority of applications go through smoothly and that the issue is, perhaps, more about the volume of applications and the length of time that it takes to process them.”
“Certainly, by talking about the issue in the House and communicating our concerns, we can convey a public sentiment about the importance of dealing with such offences appropriately and ensuring that the sentencing is at an appropriate level. However, ultimately, the judiciary is independent of the Department, and sentencing guidelines will be set by the Lady Chief Justice. Even if we had a Northern Ireland sentencing council, it would not be an area where such a devolved sentencing council or I could enter, because it is not a devolved matter. It would be for the Secretary of State for Northern Ireland and Westminster to bring forward any changes that they wish to make to the overarching guidance on terrorism offences.”
“Terrorism offences are entirely a reserved matter. I cannot change them with legislation here, but I am sure the Member will be happy to raise it with her colleagues in Westminster. There are sentencing and policing Bills going forward there, and I am sure they will be able to introduce amendments to make any changes she wishes to see being made.”
“There are a number of those. For example, sentencing for dangerous driving will be on day two, which is the day after the day after Royal Assent, when a law becomes effective, so it will become effective on day two. Some of the other measures included in the Bill, as the Member will be briefed, will have commencement clauses attached, but the vast majority will be commenced at the point when the legislation receives Royal Assent. I cannot give any assurances to the families at this stage. I have done my job in bringing the Bill to the House, and I know that the Member and the Committee will do their job and ensure that the timetable meets the expectations of the public going forward.”
“The Bill was introduced last week. With the Speaker’s agreement, the Bill will come before the House for Second Reading around the start of the week after next. Obviously, you will be briefed about the Bill's content as a member of the Committee in the interim. As the Member has rightly pointed out, the Bill will cover issues in so-called no-body murder cases, such as Charlotte Murray's case, which is better known as "Charlotte's law". It will also include extensions of the penalties for dangerous driving causing death or serious injury under the influence of substances. It is important that those matters are taken forward, but there are other key pieces of legislation that fall within the Bill, and I look forward to working with the Member and the Committee to take the Bill forward.”