Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mr Brian Kingston on 15 June 2026.

MLA

Mr Brian Kingston

Party at the time

Democratic Unionist Party

Date

15 June 2026

Type

Debate contribution

Business

Executive Committee Business

Heading

Justice Bill: Consideration Stage

Assembly identifier

Official Report component 5615744

Read the official Assembly record

Text

I agree with the Minister that rehabilitation is important for young people in order to give them a chance to turn their life around, but so is the message of deterrence for others, including young people, to see that crime has consequences. It has consequences for the victim, but it must have consequences for the perpetrator. The programmes that Sian Mulholland talked about are happening within the current framework, with 10 being the minimum age of criminal responsibility, so it can work. Those who wish to raise the minimum age would, effectively, be saying that any action of a child up to 12, 14 or 16 cannot be considered to be a crime, even though there would be a victim of that crime. I have been in many situations where young people have been taking part in public disturbances. To say that a child aged 12, 14 or 16 cannot commit a crime would make them more vulnerable to exploitation by those who wish to orchestrate public disturbances or involve them in criminal activities such as drug trafficking. The Alliance Party Members spoke passionately about rehabilitation projects, as we have discussed. Those are, of course, working within the context of MACR currently being 10. There is already multi-agency working and a holistic approach, but that happens in the context of compulsion and is not just voluntary. The seriousness of the offence is recognised, and that process provides an opportunity for individuals to turn their life around, if they are ready to take it. However, they cannot escape the consequences of their offending. The Alliance Party argues that 10- to 13-year-olds should not be charged or convicted but then accepts that they can be charged and convicted of certain major offences such as murder, manslaughter, rape or assault by penetration. That position seems to be based on avoiding public outrage rather than on any principle about age. Alliance Party and Sinn Féin Members have spoken a great deal about the needs of the poor young perpetrator, but have made virtually no mention of the victims of crime.

I will give way.

OK. I think that there was a compliment in there somewhere. The majority of the comments have been about helping young people to turn their lives around, but we are talking about circumstances in which there are victims of crime, and we should focus on them first. At the heart of the debate are questions. At what age is a child responsible for their actions? At what age should their actions not be considered a crime? Should the police have no role in investigating them, even though those actions would otherwise be a crime? At what age are there consequences for committing a crime? At what age should the victim know that they are important and be recognised as a victim of crime? The public messaging and perception are important. I have heard nothing from the proposer of amendment No 79 and those who have spoken in support of it that convinces me that we would gain anything by raising the minimum age of criminal responsibility. As I said, we already have the Youth Justice Agency, social services and a multi-agency approach to child offending. I see no advantage in saying that an offence is not a crime just because the offender is 12, 14 or 16. I see no advantage in saying that the Police Service of Northern Ireland cannot be involved; on the contrary, its involvement highlights the seriousness of the matter to the young person and their parents or guardians. In closing, I return to the observation that we have agreed on during the debate, which is that children should be treated differently in our justice system; that crime should be investigated by the PSNI; and that, if children are identified, they should be referred to the Youth Justice Agency in order for it to take the lead. However, our position in the DUP is that children from the age of 10 are old enough to know right from wrong and that people should not be told that, just because someone is 10, 11, 12, 13, 14 or 15 years old, they cannot be convicted of a crime. The victims of those crimes are entitled to receive justice and to know that the matter has not been dismissed by the police or by our justice system.

729 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

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Assessed 21 October 2026 at 15:58 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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