Debate contribution: Justice Bill: Second Stage

Debate contribution by Mr Maurice Bradley on 1 October 2024.

MLA: Mr Maurice Bradley
Party at the time: Democratic Unionist Party
Date: 1 October 2024
Type: Debate contribution
Business: Executive Committee Business
Heading: Justice Bill: Second Stage
Assembly identifier: Official Report component 4562977

Text

The Bill introduces significant reforms across various areas of justice and law enforcement in Northern Ireland. Part 1 refers to the retention of biometric data. It implements a 75/50/25-year model for biometric data retention based on age, offence severity and case outcome, replacing indefinite retention; it establishes a review mechanism for long-term retained material; and it seeks the appointment of a Northern Ireland Commissioner for the Retention of Biometric Material. Part 2 relates to children. It introduces new considerations for custody officers in courts when dealing with children, emphasising age, maturity and understanding. It also mandates that children under 18 serve detention in juvenile centres and introduces a new youth custody and supervision order for less serious offences. Part 3 looks at the use of live links and allows remote interviewing and videoconferencing for police investigations and pre-charge detention extensions. Part 4 looks at the administration of justice. It grants the Policing Board delegation powers, modifies auditing requirements and introduces measures to improve the administration of justice, including support for vulnerable defendants and regulation-making powers for court security. To avoid duplication, I will speak broadly about Part 2. Part 3 is self-explanatory, and my Justice Committee colleague Stephen Dunne will address Part 1 and Part 4. We are cautious of the proposed changes to the Bill in general and of the potential amendments, perhaps, falling short of crucial scrutiny time. We are also cautious of changes to bail and custody arrangements for children and young people in Part 2 of the Bill. Our criminal justice system already treats children and young people differently from adults in various respects, and many proposals in Part 2 naturally follow that approach. There has been a significant decline in the number of children entering the formal criminal justice system in Northern Ireland over the past decade. Prosecutions and custodial sentences are increasingly deemed to be inappropriate unless youth offending is persistent, serious or violent. We may be prepared to look at a single youth custody order, with various restrictions and conditions, to end the confusion caused by multiple orders. However, this is not about removing criminal liability; the interests of victims must remain central to the debate and legislation. It is in the best interests of victims and communities to work with offending children to address the root causes of their behaviour and ensure that they receive the necessary support to turn their lives around. The current system often responds to youth offending differently from how it responds to adults, and it is crucial to build on that approach with regard to bail, detention or diversion. Clause 7 requires officers to consider the seriousness of any breach or likely breach of bail conditions before deciding to arrest a child. Has the Minister engaged with the PSNI in drafting that clause? Does giving police officers discretion to overlook bail breaches conflict with the judiciary? Perhaps the Minister could outline any engagement that there has been with the Police Service of Northern Ireland to ensure that it is prepared for the changes. I am keen to hear how discretion on judicial alignment will be aligned with judicial expectations to avoid potential conflicts. What support systems will be in place to assist officers in making those discretionary decisions? Clause 7 also aims to create a more balanced and rehabilitative approach to youth offending, but its success will depend on careful implementation and support for police officers in exercising their discretion effectively. Clause 8 prevents bail from being refused to a child due solely to a lack of adequate accommodation. Has the capital project for accommodation stalled through lack of finances? If so, what are the plans in the interim on whether it will ever be built, as it is a joint initiative with Health?
Yes.

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

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