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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“<BR /> <BR />I remain disappointed that the Education Minister has concluded that a review of the minimum content order on RSE is not needed. I believe that that is the best way to ensure that there is consistency in RSE across the piece. However, I welcome the steps for improvement that she has set out. My Department will continue to work with the Department of Education and other partners to implement the Gillen review and to ensure that the provision of RSE fully meets the requirements of all our children and young people.”
“I am pleased to confirm that I met the Education Minister this morning, when we discussed plans to improve the standard of relationships and sexuality education in our schools. I am encouraged to hear how her Department plans to take forward a number of steps to improve RSE provision, including improving the resources available to teachers and supporting them in the delivery of RSE; working with and funding the Council for the Curriculum, Examinations and Assessment (CCEA) to develop the RSE progression framework to provide structured guidance for schools to use in the teaching of RSE; issuing a departmental circular encouraging schools to incorporate subjects such as violence against women and girls and consent into lesson plans; and identifying underperformance in RSE delivery using the Education and Training Inspectorate (ETI) inspections, followed by support and resource interventions to help schools improve.”
“That has been enhanced hugely by our cooperation with the further education colleges that deliver lectures. It has undoubtedly been disrupted by COVID, but I am glad to see that the prisons are now more open and that people can go into the prisons to provide education and support. Hopefully, we will see that extend, but we also have the benefit of having virtual systems in place. Some things that were previously off limits to prisoners and that they could not study will now be available to them in a virtual setting. The combination of the two will enhance greatly the education offer that we have available.”
“Absolutely. We work in the Prison Service to ensure that people leave prison with recognised formal qualifications so that they are able to enter the job market on a par with other people and compete for jobs in a much fairer way.”
“During my time as Justice Minister, I have seen people who left prison rehabilitated, re-entered the community and have not reoffended. That is a tribute to those who diligently and tirelessly work with them throughout their time in prison to help them to rebuild their lives. <BR /> <BR />It is such important work, because, by rehabilitating people properly and ensuring rehabilitation, we ensure that there are fewer victims and that those who were previously involved in crime can build a better future for themselves and their families. For me, it is one of the most worthwhile things that anybody could do as a career.”
“It is my pleasure to do so. I have found people who work in our prisons to be some of the most innovative and creative people whom I have come across in the justice system. Their job is not easy. It is a challenging and often dangerous environment, and it can be incredibly volatile, yet they go to work every day, and they look after prisoners in their care. They do so with dignity and respect, and they ensure that those prisoners have access to contact, safely, with their families and to those who can help them with their rehabilitation and their medical and spiritual needs. <BR /> <BR />Being a prison officer is not an easy job, but it is a worthwhile one, and it adds to the safety of our communities. I pay tribute to all those who work in the Prison Service for the work that they do.”
“We also have to work closely with the South Eastern Health and Social Care Trust and other key partners on limiting access to other medication and the diversion of prescription medication to people who ought not to have access to it. That will require us to work closely together. <BR /> <BR />A huge amount of work goes on in prisons to prevent illicit drugs coming in, but body scanners would add to the options available to us for that. We hope that body scanners will be made available, and a business case is in process. Everything is budget-dependent, however, and, unfortunately, the Department of Justice draft budget would not allow us to do that as quickly as I would like.”
“During the inspection, 150 prisoner surveys were completed. Some 46 individuals indicated that they had developed a drug problem since their arrival in custody, which is, of course, of concern. The same survey highlights the fact that half of the respondents said that they had a drug problem before arriving at the establishment. Drug testing during that period showed that the majority of failures — 98% — were for illicit use of prescription medication rather than for drugs that had been trafficked into the prison. <BR /> <BR />Magilligan is committed to disrupting supply, reducing demand and promoting the principles of recovery for people in custody. That work will include action to address recommendations made by CJINI in its inspection report.”
“The Prison Service is clear in its determination to recover and refocus on supporting and challenging prisoners to rehabilitate and resettle in the community. Balancing recovery against the risk that COVID will continue to be present is at the forefront of the daily work being led by the director general. <BR /> <BR />The Magilligan report identified significant areas of innovative good practice and, like every report, contains learning and recommendations that will help to drive improvement. The governor and his team are working to address the findings.”
“It was vital that the independent scrutiny of the criminal justice system continued during the pandemic, despite the challenges that that presented to inspection teams. I welcome the recent report from the Chief Inspector of Criminal Justice following an unannounced inspection of Magilligan prison during May and June 2021. The report recognised and commended the efforts of the leadership team and staff in response to COVID-19, acknowledging that, while other jurisdictions locked their prisoners up, we continued to deliver healthy out-of-cell regimes for people in our care. <BR /> <BR />The report correctly recognised that the pandemic constrained some of the valuable work that is normally delivered at Magilligan, particularly around purposeful activity.”
“Under the current draft three-year Budget, that will be difficult to achieve from the DOJ budget, but I am open to working with the Minister of Health, the Minister of Education and others to find ways in which we can co-fund projects of this nature and ensure that we can deliver to a much wider group of young people the kind of benefits that the project has delivered.”
“We recognise that gaps exist, and, rather than sitting back and waiting for others to fill them, the Department of Justice, as is often the case, stepped in to fill that gap. The Member is correct that the pilots have proven to be very effective in engaging hard-to-reach children, both for those within the justice system and for those on the fringes of it, and improving their mental health. The number of young people engaging fully with those services has increased significantly from 14% in mainstream CAMHS provided solely by trusts to 88% through the pilots. There has been a hugely significant change in the engagement with young people who have serious mental health issues. My officials have been working to find ways to maintain those pilots and, if at all possible, to develop similar services for other parts of Northern Ireland.”
“<BR /> <BR />Due to the identified need and the success of the CAMHS pilot, it was our wish to extend those services to the other three Youth Justice Agency areas: Belfast, eastern and northern. Although the budget has not been agreed, given the proposed reductions in the draft Budget for the next three years, coupled with the additional pressures of managing significant inflationary pressures, the Youth Justice Agency will not be in a position to roll out the CAMHS pilot as originally hoped while maintaining the services that it has a statutory duty to provide. <BR /> <BR />I will, of course, review that position once the Budget is agreed.”
“The Youth Justice Agency funds specific child and adolescent mental health services in the Woodlands Juvenile Justice Centre and in the community on a pilot basis through co-funded arrangements with the Southern Heath and Social Care Trust and the Western Health and Social Care Trust. While there is a statutory obligation on the Youth Justice Agency to provide healthcare services, including mental healthcare, in the Juvenile Justice Centre, the provision of mental health services in the community is the statutory responsibility of the Department of Health. To meet an unmet need identified for young people known to the Youth Justice Agency in the community, it has developed a pilot CAMHS service in conjunction with the Southern and Western Trusts.”
“Wow. That is not a question for me. That is a private exchange that the Member should, perhaps, take up with the Member who asked the question rather than politicking and expecting me to be involved in it during Question Time.”
“However, we will not be able to do so without an Executive and an Assembly, so, given the amount of work that I can see in the future for the Justice Department and, indeed, any future Justice Committee, it is imperative that there is no lag in re-forming an Executive and moving forward with these kinds of very important proposals.”
“First, we can, of course, continue to make progress on non-legislative measures to tackle culture and attitudes. It is important, I think, that all of us show leadership on those issues. When it comes to providing legislation and legislative protection and, in particular, to updating our very out-of-date hate crime laws in Northern Ireland, we will require there to be a functioning Executive and a functioning Assembly. We have passed five Bills from the Department of Justice in this mandate, and the Assembly has worked very hard with me and with the Department in that regard to ensure that we were able to make significant changes. Those represent a step change in the protection that is available to particularly vulnerable victims and witnesses.”
“We need to consider which is the more appropriate way forward. Before the second consultation, which would be on a draft Bill, that will have been decided by me or a future Minister in the shaping of the legislation, and the Assembly and, indeed, the public will be consulted before any changes are made in that regard. We will, of course, take, as we always do, any progress that has been made in other jurisdictions into account as we draft any new Bill.”
“As the Member will be aware, we are at the first consultation stage of a hate crime Bill for Northern Ireland, which we hope will be able to be introduced in the next mandate. That is based on Judge Marrinan's report, and there were two options, essentially, available to us. One was to include gender as a specific characteristic within the hate crime legislation, and that would be added to the characteristics to which hate crime would apply. The second was to specifically add misogyny as one of the issues, and I think that we need to have further consultation. We are doing the call for views on that now. There are pros and cons to both approaches. Whilst adding misogyny has the benefit of putting a name to the particular issue and highlights its prevalence, there are wider issues with respect to gender that might also lead to hate crime.”
“Those are seeking views on the issue of violence against women and girls in all its forms; domestic and sexual abuse; and misogyny as a hate crime. I will want to take account of the views expressed in those consultations before reaching any final decisions on how best to deal with the matter. It is also important to remember that legislative change alone will not tackle the underlying issues of entitlement, misogyny and violence. The issue is broader than justice and requires societal and cultural change from the roots up; tackling the root causes of aggressive behaviours at an early stage through preventative initiatives, education and relationship awareness. We need to tackle underlying issues of entitlement to focus on dealing with unacceptable behaviour.”
“As you will be aware, I have been very clear in calling out and recognising the need to tackle misogyny, including in public life. That, as well as addressing violence against women and girls more widely, is an important issue that we all have an interest in. The new laws that I am bringing forward will protect those at most risk of violence, which all too often is women and girls. Those include a Protection from Stalking Bill and a Justice (Sexual Offences and Trafficking Victims) Bill. Taken together with the new domestic abuse offence, those three pieces of legislation represent a step change in support for vulnerable women and girls in Northern Ireland, though not exclusively for vulnerable women and girls. <BR /> <BR />A number of consultations are under way.”
“It will be two geographical areas where we will trial the roll-out of domestic abuse protection notices and domestic abuse protection orders to test, first of all, how they can be used by local police. There will be specific training for the police in those circumstances. We will also work with those who work in the domestic abuse field to ensure that they are fully aware of them. Once we have trialled those, we will be able to see where any difficulties have arisen, whether that be in access to courts or police resources or in referral pathways. When we have concluded those trials, we will be able to make any fine-tuning that is required before rolling out the project right across Northern Ireland.”
“I do not want to prejudge the outcome of the consultations about this or the decisions of the task and finish group, but it is important that we choose pilot areas that reflect urban and rural realities and that we look at areas that have particular issues around domestic abuse and access to support services. All of that ought to be considered by the task and finish group when it comes to deciding where the pilots will be. We need to provide a system that is as robust as possible in every part of Northern Ireland so that people are protected when they are subjected to domestic abuse, and so that the orders and notices can be used effectively, irrespective of location.”
“In taking forward work in that area, two pilots will be established to robustly test the model ahead of roll-out across Northern Ireland. Discussions are ongoing with criminal justice system partners to consider geographical locations for the two pilots. It is envisaged that the proposed locations will shortly be brought to a multi-agency task and finish group for agreement.”
“Section 27 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 was commenced last month, enabling regulations to be brought forward to provide for domestic abuse protection notices and orders. With the introduction of the new offence completed, the establishment of those notices and orders is now a priority work area for my officials. Preparatory work has begun on considering the framework for the draft regulations, as well as a guidance document for practitioners, which will map out the process for the notices and orders and explain how they work in practice. <BR /> <BR />My officials have recently joined a working group that is led by the Home Office and the Ministry of Justice to learn from their experiences and to help to inform policy development and operational preparations for Northern Ireland.”
“Additional funding is being provided, but most of those services are provided here by central government agencies. Therefore, it is important that we know how many people are here, because the additional funding will be a per capita amount rather than a Barnett consequential. There are a number of challenges, and not having an Executive in place exacerbates them.”
“That means that they can sponsor a significant number of individuals to come and can undertake the matching process with families to ensure that those who do not already have connections to the Ukrainian community are still able to offer assistance where possible. That option is not available to us because we do not have an Executive to take that kind of decision, but the five party leaders have made it clear that we would welcome efforts to try to assist people in finding accommodation in Northern Ireland and that we want to play our full role. <BR /> <BR />The other challenge will be around funding. We will need to know how many people have arrived, and we will need to be able to track that, because the funding that is being offered through Westminster is to local government, which provides most of the services in the UK.”
“We can still proceed with some issues. Executive Office officials continue to liaise directly with their counterparts in Westminster to ensure that Northern Ireland gets the right level of financial and technical support to help refugees who come to Northern Ireland. The major gap arising from our not having an Executive is that we are unable to influence directly the number of refugees who come here. <BR /> <BR />In the case of Afghanistan, a set number of refugees were taken in by the UK and distributed across it. That is not the scheme that we have in place; each person has to get here under their own steam, meet their own visa requirements and then find and partner with a family. Wales and Scotland have opted to become super-sponsors.”
“That is a long time for people to have to live on a subsistence allowance that does not allow them to care for their children and family properly or to build a life and have some dignity in caring for themselves and their family at a time when they have been stripped of dignity through having to leave their home in tragic circumstances. My Department has also raised that issue with the Home Office. <BR /> <BR />Ultimately, the hostile environment policies, including the ban on working for those seeking asylum, risk further marginalising vulnerable people and leave them at risk of exploitation through modern slavery or trafficking, whether that is to, through or within Northern Ireland.”
“I thank the Member for his question. That has concerned me for some time. Indeed, I raised the matter during the Anti-Slavery Commissioner's last visit. I have also raised it with the UK Government. I took the lead, and we agreed that a letter from the five party leaders would go to the Home Office Minister to make clear our desire that all refugees be treated fairly and the same. <BR /> <BR />We recognise that there is an emerging humanitarian crisis specific to Ukraine, but there are many other refugees in need of accommodation. We need to ensure that they too are treated fairly. We also recognise the danger of not allowing people to work while they wait for refugee status. We know that the process can sometimes take five to six years after application before people finally receive their status.”
“Romanian and other authorities have been dealing with large numbers of unaccompanied minors. The majority of people arriving in the UK, including via routes from the South, have to date been arriving in family groups. The numbers are small, because, as the Member is aware, the visa requirements are still quite stringent and provide a significant barrier to people's ability to come forward.”
“It is important that sponsors be willing to cooperate with any checks that are required, as they are in the interests of everyone's safety. <BR /> <BR />Ongoing support will also be needed for sponsors and those being sponsored in order to ensure that the arrangements are working and that they continue to work throughout the sponsorship period, particularly where people's circumstances may change. I understand that the multi-agency strategic planning group is considering the type of support and how best it can be provided. <BR /> <BR />It goes without saying that there are particular vulnerabilities where, for example, unaccompanied children and minors are arriving. That problem seems to have been mostly resolved in the countries immediately adjacent to Ukraine, however.”
“That question cover a number of issues that we will take up and that I will try to answer. <BR /> <BR />First and foremost, on safeguarding concerns, the vulnerability of those seeking refuge is fully recognised, as is the need to ensure that all necessary safeguarding arrangements are in place. It is also important to ensure that sponsors under the Homes for Ukraine scheme are safe and protected. <BR /> <BR />Officials in Access NI are assisting the multi-agency strategic planning group to ensure that the necessary checks are in place. As part of the operational planning, consideration is being given to what Access NI checks may be required and to the options for checking the suitability of accommodation.”
“<BR /> <BR />Whilst I welcome the ability to be able to register our homes online if we are willing to receive refugees for a period, the inability for us, as an Executive, to be a super sponsor in this case, which would allow us to match refugees with homes, is a barrier to our being able to provide the kind of care that the people of Northern Ireland wish to provide. It is telling that 6,000 people have registered their homes. Yet there is no official reception scheme in Northern Ireland that allows us to make use of that.”
“We have engaged through, as I say, the PSNI and an Garda Síochána to ensure that people who decide to come to Northern Ireland through the Republic of Ireland can do so safely. <BR /> <BR />Immigration, as the Member will be aware, is a reserved matter. The current policy on immigration has a significant impact on individuals' and families' feelings of self-worth and dignity because of their inability to provide for their family while they are seeking refuge here. The efforts made by the Government fall well short of what we all want to see.”
“They do not care about people or their rights and seek only to line their pockets. Given that we know that, there is a real risk that criminals and organised crime gangs will seek to take advantage of the vulnerability of those fleeing the conflict. We will do all that we can to assess and monitor the risk and will work collectively with our partners on the organised crime task force (OCTF) and the modern slavery and human trafficking subgroup to ensure that we are alert to the risks and to seek to prevent any further exploitation and pursue offenders.”
“First, I want to take this opportunity to condemn Russia's military invasion of Ukraine and the untold horrors being faced by the people of Ukraine. I am aware of statements from the United Nations High Commissioner for Refugees advising that over two million refugees have now fled Ukraine. It is, indeed, a humanitarian crisis. <BR /> <BR />To date, there is no evidence of human trafficking or exploitation in Northern Ireland as a result of the Ukraine crisis. The PSNI is liaising with Home Office immigration enforcement officials and an Garda Síochána. While there will be refugees who may enter Northern Ireland, none have sought to enter the national referral mechanism to date. <BR /> <BR />Criminals seek to exploit any issue where they see a benefit to themselves.”
“It is therefore appropriate that such information sharing should be permitted so that every child can find themselves attaining their education in a supportive environment that has compassion at its heart. I believe that that will help us to go a long way towards that, so I commend the draft regulations to the House.”
“Obviously, affordability will be a significant consideration in all of that. Having accepted the POA's counter-offer, we were disappointed that it was not accepted by its membership, and there are questions that they need to answer in that regard. <BR /> <BR />In terms of Operation Encompass, the regulations will make a real and tangible difference to the lives of children who are suffering the impact of domestic abuse and will ensure that they are appropriately supported in an education environment. As many Members have reflected, education is one of the few places where young people are free of influence from the home and are able to speak in confidence to other people about their experiences, whether those are good or bad, and seek help and assistance where necessary.”
“<BR /> <BR />We entered into lengthy negotiations on prison officers' pay via the director general and the Prison Officers' Association (POA). We addressed issues such as a reduction in the number of points on people's pay scales, so that the money that we would have available would be best directed at those on the lowest wages. That was the right way for us to proceed. We made an offer to the POA, and we accepted its counter-offer to the Department. However, when the POA balloted its members, they rejected it. Whilst it was not our intention, we were unable to progress some of those items and have had to impose a pay settlement for 2021-22. Whilst it may be difficult, if not impossible, to recover the ground lost this year, we will invite the Prison Service Pay Review Body (PSPRB) to look at the 2022-23 pay remit.”
“<BR /> <BR />I will turn to some of the questions raised, although they are not directly related to Operation Encompass, by the Chair of the Committee. Given that I will not have another opportunity to update Committee members, it is important that I do so briefly. <BR /> <BR />We are working with the PSNI on training on the domestic offence and the stalking offence. I meet the Chief Constable regularly, and we have listened carefully on those issues. We want to ensure that the training is rolled out to all officers, specifically those on the front line, so that, when the offences come into effect, they are prepared for them. The Department's intention is that stalking protection notices and orders will be available in the autumn, and we are committed to that timeline.”
“<BR /> <BR />I listened to some of the contributions in the Chamber earlier today. We heard from some Members what the Assembly and Executive have not been able to do. Of course, there will always be things that we cannot achieve or deliver in any mandate. However, I have to say that, by working with the Committee, across parties and collaboratively on issues that really matter to the people whom we represent, we have proved that we can achieve a lot. With all of the Assembly's flaws and with all of the structural and political challenges that we face, we have proved that it is entirely possible for us to deliver real change for the people whom we represent. That is what should drive us forward through the next mandate.”
“<BR /> <BR />Particularly in the context of Operation Encompass, I pay tribute to the former Deputy Chair, Linda Dillon, who championed this element of the Bill and was keen to see information sharing put on a statutory footing. It is to her credit that we have been able to work with the Department and the Committee to bring this forward today. I thank her for her commitment to that. <BR /> <BR />When you look at how long we have spent in the Chamber in comparison with the time that might have been available to us, you see that has been a relatively short mandate, but it has been an intense one. The Committee has had to work hard, as have officials, to keep pace with the amount of change that we have been trying to deliver. However, we had ground to make up, and it was important that we used the opportunity that we had.”
“I thank Members for their supportive comments on the introduction of the Operation Encompass model, as well as the purpose of the regulations. I welcome today's debate on the draft regulations and thank Members for their valuable and supportive contributions to them. I pay special thanks to the other Ministers, Departments and Committees that have been involved in bringing the regulations forward. <BR /> <BR />With your indulgence, Mr Deputy Speaker, given that this is the last piece of DOJ business in the mandate, I wish to pay a wider tribute to past and present members of the Justice Committee and to the Committee staff. I thank Emma Rogan, Sinéad Bradley, who is with us in the House today, and Robin Newton for their contribution, as well as Gordon Dunne, who passed away during the mandate. He served on the Committee very diligently.”
“That being said, we do not consider that there should be a need to have recourse to that, as the offence is drafted to capture incidents where someone has knowingly disclosed information without lawful purpose, rather than accidentally. <BR /> <BR />It is intended that the regulations will be operational from 1 April 2022 and that the introduction of Operation Encompass will be rolled out across Northern Ireland on a phased basis after that, likely in the new school year from autumn 2022. I have no doubt that Members will welcome the provisions and the future roll-out of the Operation Encompass model and support the regulations that I am taking forward. They will enable appropriate and proportionate sharing of information where that is needed to best support a child. I commend the motion to the House.”
“<BR /> <BR />The regulations provide that it is an offence for any of those who are enabled by the regulations to share information to disclose that information without lawful authority, including that provided by the regulations under an Operation Encompass notification. It is also an offence for any other person to use or disclose to someone else any information that, they know, has been disclosed in contravention of the regulations. The penalty associated with that is a fine that could be unlimited. As Members will, no doubt, appreciate, it would be inappropriate to take forward information-sharing provisions without an associated offence of unauthorised disclosure.”
“The regulations enable designated persons, such as the safeguarding lead, designated child protection officer or designated safeguarding officer or their deputies to share information with the police where a child has disclosed an incident to them, as well as a two-way sharing of information between those designated persons and a class teacher. That would apply where a disclosure has been made by a child or where an incident has been reported, and that is necessary in order to ensure that the needs of the child can be effectively taken account of and support provided. For the purpose of the regulations, "class teacher" will include its everyday meaning, as well as course lecturer, instructor, relevant support staff and education provider.”
“Where a child or young person is abused by a parent or a person who has parental responsibility for them and a child cruelty offence could apply, that would be captured by current information-sharing provisions. <BR /> <BR />In addition to the police sharing information with the safeguarding lead, there are other instances where information may be shared — again, where that is necessary — in order to ensure that the needs of the child, as well as any impact, can effectively be taken account of and that support can be provided to them.”
“There is a need to ensure that the information-sharing provisions under the regulations do not cut across current procedures and protections, as well as the scope of the domestic abuse offence; rather that they supplement it. Abuse by a parent against their 16- or 17-year-old child would fall within that model. That is intended to ensure that there is an appropriate linkage to the parent domestic abuse legislation and what is deemed to be a domestic abuse offence or any other offence aggravated by domestic abuse. It also ensures that information sharing would apply where a child is affected by domestic abuse and, while, perhaps, not a direct victim, the child aggravator would be likely to apply under the 2021 Act.”
“<BR /> <BR />Regulation 4 provides that a domestic abuse incident concerning a child means any incident where there may have been abusive behaviour between two personally connected individuals, where the incident would be likely to cause harm, where it was intended to cause harm or the person was reckless about whether it would cause harm or where the incident concerned the child. The relationships that are covered are those where the individuals are or have been married, where they are or have been partners, where they are or have been in an intimate personal relationship or where they are close family members. That is intended to align with the general approach that applies to the domestic abuse offence, albeit recognising that, for the purposes of the scheme, a person may not have been charged with an offence at that point.”