Ford launches proposals to speed up justice
Justice Minister David Ford has today published two consultation papers aimed at speeding up the criminal justice system.
~ Thursday, 19 January 2012
These proposals are aimed at encouraging those who admit their guilt to plead to the charges against them at the earliest stage in the court process
Northern Ireland Department of Justice
The first looks at how to encourage guilty people to admit their offences at an earlier stage with the other seeking views on measures to streamline the trial process and reduce the burden on victims and witnesses.
David Ford said: “The proposals demonstrate my commitment to delivering justice which is both fairer and faster. They represent a fair way forward, respecting the rights of the defendant while recognising the sometimes traumatic impact of current processes on victims and witnesses.”
The paper on earlier guilty pleas sets out a number of different approaches including:
- increasing awareness amongst offenders and legal representatives;
- making procedural and, potentially, legislative changes to encourage guilty people to admit their guilt earlier; and
- putting into place a statutory framework to guide judges on the use of their existing powers to give credit for a guilty plea when sentencing.
The Minister stressed that plea bargaining forms no part of the consultation.
David Ford said: “This is not about removing the presumption of innocence or reducing the right of anyone accused of a crime to contest the charge in court. Nor is it about providing those who are guilty of a crime with any new incentives to admit their guilt.
“These proposals are aimed at encouraging those who admit their guilt to plead to the charges against them at the earliest stage in the court process.”
In the second paper, the Minister set out reforms to speed up the justice system, by removing the ability to call oral evidence and to cross-examine witnesses during the committal process.
David Ford said: “Taken as a whole, these crucial initiatives underline my commitment to reshape the justice system and show that I am determined both to improve the experience of justice for victims and witnesses and to tackle delay in our justice system.”
The consultation period closes on 27th April 2012.
Notes to Editors
1. The consultation papers launched on 19th January 2012. The consultations will run for twelve weeks and responses are sought by 27th April 2012.
- Download the consultation paper on Encouraging Earlier Guilty Pleas.
- Download the consultation paper on Reform of Committal Proceedings.
2. People who want to respond to the consultation papers, or ask futher questions should contact:
Speeding up Justice Branch Department of Justice Block 5 Knockview Buildings Stormont Estate Belfast BT4 3SLTelephone: (028) 905 28269 or 905 22073
Email: SpeedingUpJustice@dojni.x.gsi.gov.uk
Earlier Guilty Pleas
3. Under Article 33 of the Criminal Justice (NI) Order 1996 judges are presently empowered to give credit for an early guilty plea.
4. The paper seeks views on three different approaches to the issue, including: raising awareness of the operation of the current legislation which empowers judges to give credit for an early guilty plea; reform of processes which will include giving defendants an earlier view of case against them; or new legislation to guide judges in the application of the existing legislation.
5. Late guilty pleas are a contributory factor to delay as they unnecessarily prolong proceedings and take up court time and other justice system resources which could be deployed elsewhere. In 2010/11: 1,884 people changed their plea to guilty in the Magistrate’s court; 164 in the Youth Court; and 349 in the Crown Court.
6. Late guilty pleas have been highlighted to the department as a key concern for victims. Late guilty pleas also add to the trauma for victims by drawing out their ordeal. The Northern Ireland Victims and Witness Survey Performance of the Criminal Justice System from a Victim and Witness Perspective: Comparison of Findings from the 2008/09, 2009/10 and 2010/11 surveys. (March 2011) reported that two thirds of respondents (66%) who were required to attend court reported that they had not ultimately been required to give evidence. The most frequently reported reason for evidence not being required was due to the defendant pleading guilty at a late stage in proceedings.
Committal
7. Committal is a process used to determine whether there is sufficient evidence to justify putting a person accused of an indictable offence, or one that may be tried either summarily or on indictment (‘either way offences’), on trial in the Crown Court.
8. At present, committal proceedings may either take the form of a preliminary investigation (known as a ‘PI’ and where witnesses give oral evidence and are cross-examined), or a preliminary inquiry (known as a ‘PE’ and essentially a paper exercise, carried out based on written statements and evidence.) In certain circumstances, oral evidence may be required at a preliminary inquiry, and this is known as a ‘mixed committal’.
9. This practice of hearing oral evidence, particularly cross-examination, can have a significant impact on victims and witnesses, who may have to give (sometimes traumatic) evidence more than once. It can also slow down criminal proceedings.
10. This consultation seeks views on a proposal to remove the taking of oral evidence and cross-examination of witnesses in committal proceedings. The defendant would retain a right to make representations on his/her own behalf at the committal hearing, though it would not be possible to take oral evidence from any other witness. On this basis, all committal proceedings would take place by way of preliminary inquiry or ‘on the papers’.
11. The Department will be hosting a number of Focus Groups with victims, witnesses and young people.
12. All media enquiries should be directed to the Department of Justice Press Office on 028 9052 6444. Out of office hours please contact the duty press officer via pager number 07699 715440 and your call will be returned.
