Northern Ireland: 15 sex offenders to have convictions rescinded over legal blunder
Stormont's Department of Justice is now considering whether fresh legislation is required to fix the error.
Wednesday 23 September 2020 15:10, UK
The convictions of 15 sex offenders are to be rescinded due to a government error in drafting updated legislation.
The convictions for indecent assault and unlawful carnal knowledge involve 17 victims, 11 of whom were children at the time of the offences.
One of the convicted offenders is still on the Sex Offenders Register but will now be removed as a result of the blunder.
All the defendants were tried in magistrates' courts in Northern Ireland between 2009 and 2017.
One was handed a prison term while others received suspended sentences.
The convictions will be ruled invalid after it was discovered that a mistake was made in legislation introduced in 2009 as part of reforms of the criminal law relating to sexual offences.
The error saw three specific offences removed from the list of those that can be heard before magistrates' courts in Northern Ireland.
The mistake was made under the watch of the UK government, as it happened before the devolution of justice powers to the Stormont Executive in 2010.
As the error was inadvertent, none of the criminal justice agencies or relevant legal bodies in Northern Ireland were informed and they continued to deal with cases as they had previously, assuming the offences could still be dealt with by a magistrate.
That meant prosecutors opted to try the defendants in magistrates' courts - with the consent of all 15 - at a time when the incorrectly drafted legislation dictated the cases could only be heard in a crown court.
Assistant director of Northern Ireland Public Prosecution Service Ciaran McQuillan apologised to the victims.
"We are truly sorry to have to inform all affected by this unforeseen and undetected error in the law," he said.
"This development will have come as a great shock and disappointment to the victims. It will also cause uncertainty for the defendants involved.
The convictions that will be rescinded involve:
- 14 victims of indecent assault on a female contrary section 52 of the Offences Against the Person Act 1861
- One victim of indecent assault on a male contrary to section 62 of the Offences Against the Person Act 1861
- Two victims of unlawful carnal knowledge contrary to section 5(1) of the Criminal Law Amendment Act 1885
The mistake was first identified in 2018 and prosecutors have been working in the two years since to identify all the cases it impacted.
On Wednesday, the Northern Ireland Public Prosecution Service (PPS) moved to inform all victims and offenders of the development.
A support package has been put in place for the victims, with the PPS working in conjunction with Stormont's Department of Justice (DoJ) and support organisations Victim Support NI and Nexus NI.
The DoJ, which now has responsibility for the law, is considering whether fresh legislation is required to fix the error.
Mr McQuillan said a decision on fresh prosecutions in each case would be taken soon and that any new case would be heard before the crown court.