Debate contribution: Sentencing Practices in Northern Ireland

Debate contribution by Mrs Ciara Ferguson on 23 June 2025.

MLA

Mrs Ciara Ferguson

Party at the time

Sinn Féin

Date

23 June 2025

Type

Debate contribution

Business

Private Members' Business

Heading

Sentencing Practices in Northern Ireland

Assembly identifier

Official Report component 5046417

Read the official Assembly record

Text

Thank you, Mr Deputy Speaker. We all have a duty to ensure that justice is accessible to all in our society. That is why issues such as access to legal aid, fair sentencing and improvements in rehabilitation and restorative justice are fundamental. Whilst the most recent report will not be published until later this year, the findings in the prison population report for 2023-24 are stark. The daily prison population here has increased by 11·4%. The average daily immediate custody population has increased by 10%. I thank those who tabled the motion and acknowledge the line in the motion that highlights the issues and the rate of reoffending, which is nearly 80%. The Audit Office 2023 report on reducing adult reoffending rightly sets out some of the factors that are required to be dealt with to address the root causes of reoffending, including stable housing; access to education and employment; mental health and well-being; dealing with substance dependence; reliable relationships; and social support. That is a fundamental point to raise in the debate about problem-solving justice collectively and in the context of the current draft anti-poverty strategy. It is important for us all to engage continually with the individuals and organisations who work at the coalface of tackling poverty and inequality. That includes the many different voluntary and community sector groups that support the Probation Board and the Prison Service by working in the provision of rehabilitation and resettlement services, such as Through the Gate, Housing Rights and Beyond the Gate and many others. We know the linkages between poverty, homelessness and reoffending. The purpose of sentencing guidelines that lay down the maximum or, in some cases, minimum sentences that are available for specific offences is to increase the transparency, consistency and reliability of judicial decision-making and not only to help individuals, including victims and witnesses, to better understand the process but to build public confidence. We acknowledge that there have been several consultations on sentencing issues since the 2012 announcement from the Department of Justice of the review into sentencing guidelines here. Additionally, there have been several useful reports from the Criminal Justice Inspection, Audit Office and Public Accounts Committee and, indeed, the Gillen review. We agree with the Human Rights Commission's recommendations in its submission to the Department of Justice sentencing review consultation back in February 2020 that support the need for commitment to restorative and reparative approaches to community sentencing.

Sinn Féin supports the need for a clear, human rights framework for sentencing, with a comprehensive statement of principles and purposes of sentencing, to help direct the broad purposes of punishment: protection of the public, deterrence, rehabilitation and reparation. We acknowledge the broad principles currently around sentencing, as laid out in the R v Gavin Coyle 2024 case in the Court of Appeal and guidelines from the Lady Chief Justice's Sentencing Group. We also believe that there is a need to reform sentencing guidelines procedures here to tackle any perceived lack of fairness or inconsistency in sentencing judgements. That is fundamental not only to protect public confidence but to encourage victims of crime to come forward and prevent further trauma, particularly prevalent for victims of hate crime, sex crime or drug crime. Our party supported the introduction of sentencing guidelines in the Twenty-six Counties for the establishment of the Judicial Council Bill. Our spokespeople rightly raised the issue of judicial training, including adequate training on domestic abuse and trauma, due to cases sometimes evidencing a lack of understanding or displaying attitudes that have dated poorly. Whilst there must be respect for the independence of the judiciary, that does not mean that there should not be support for fostering a common judicial culture with regard to core issues and greater clarity in respect of sentencing guidelines. As outlined in the European Judicial Training Network conference, issues such as gender equality cannot simply be decreed but must be embedded in the system through training and changes in habits. We believe that the establishment of a sentencing council would go some way to ensuring that sentences match the seriousness and severity of the crimes, mainstreaming policy and increasing public awareness and confidence in sentencing and in access to justice within our criminal justice system more generally. I commend our amendment to the House.

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

Assessment

Not flagged

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Assessed 21 October 2026 at 12:52 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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