Sentencing Bill to be introduced in the Assembly
Date published:
The Sentencing Bill, which contains a range of significant reforms to sentencing policy, will shortly be introduced in the Assembly
The Bill, which is being brought forward by the Department of Justice, will deliver on a number of key ministerial priorities.
Justice Minister Naomi Long said: This is a significant step in bringing forward this important piece of legislation, which will have a positive impact on the lives of thousands of people across Northern Ireland.
It will increase the maximum penalty for causing death, or serious injury by dangerous driving or careless driving whilst under the influence of drink or drugs, from 14 years to 20 years.
It will also introduce a new offence and higher sentences for assaulting those providing a service to the public or performing a public duty.
The Bill will also create ‘Charlotte’s Law’, which aims to reduce the trauma experienced by families of murder victims in so called ‘no body’ cases.
Charlotte’s Law will see the creation of a statutory aggravator for failure to disclose the location of victims’ remains and new sentence reductions for post-sentence disclosures.
It will also introduce provisions equivalent to Helen’s Law, requiring Parole Commissioners to consider failure to disclose the location of victims’ remains in release decisions.
The Minister continued: In developing this Bill, I have met and listened to a range of victims and stakeholder organisations.
Their voices have been crucial and as we move closer to introducing the Sentencing Bill, I want to thank them for their invaluable contribution to this process.
Notes to editors:
- The Bill will:
- Set the principles of sentencing as proportionality, fairness and transparency; and the purposes of sentencing as punishment, protection of the public (including victims of crime), deterrence, rehabilitation and reparation;
- Define and require the courts to have regard to sentencing guidance;
- Enable the courts to include community requirements to make suspended sentences more tailored and impactful;
- Set statutory starting points for life sentence tariffs for murder:15 years as the starting point where there are no significant aggravating features; and 20 years for the worst cases;
- Make provision in NI legislation for unduly lenient sentences (rather than current UK-wide Act) with the change that current arrangements will be extended to all Crown Court sentences;
- Provide for failure to disclose information about victims’ remains (Charlotte’s Law): whereby a killer’s sentence will be increased to reflect their failure to disclose, providing for a proportionate reduction in that increase if a subsequent disclosure is made;
- Introduce provision equivalent to Helen’s Law , requiring the Parole Commissioners to take failure to disclose into account when considering a prisoner’s release on licence;
- Introduce a statutory aggravator model for hate crime where the victim belongs or is assumed to belong to a “racial group”; a “religious group”; a “sexual orientation group”; or a “disability group”;
- Introduce a vulnerable victim aggravator, where the offender knows or ought reasonably to have known the victim was vulnerable;
- Create a new offence of assaulting a person delivering a public service, performing a public duty or providing a service to the public, or a person assisting such a person;
- Increase the maximum penalty for offences causing death or serious injury by driving;
- Increase the current maximum sentences and minimum disqualification periods for a range of ‘causing death by driving’ offences. Most significantly it increases the higher maximum penalties from 14 to 20 years;
- Introduce a discretionary life sentence for repeat offenders; and
- Make provision so that driving disqualification periods will normally be served after release from prison.
- The Bill will be introduced in the next few weeks as soon as Assembly pre-introduction formalities have been completed.
- The Department launched a separate review of sentencing in January to inform future legislative proposals.
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