Sex victims’ trauma as 15 convictions are quashed
Concerns survivors may be retraumatised as case verdicts to be overturned due to a legal mistake
THE announcement that 15 convictions for sex offences are to be rescinded due to a legal error means victims face being retraumatised, it has been claimed.
A blunder in legislation introduced in 2009 meant cases were heard in the wrong court.
The offences were committed between 1973 and 2009 and 11 of the victims were children at the time.
The cases involve 15 victims of indecent assault and two unlawful carnal knowledge offences.
Brenda Kelly, CEO of Nexus NI, said the news will be difficult for victims, who despite feeling their case was closed will now be feeling uncertain moving forward.
“There is a possibility that this news will create further trauma for victims,” she added.
VICTIMS of sexual offences face being retraumatised after the Public Prosecution Service (PPS) announced it is to rescind 15 convictions due to a legal error.
They will be set aside after it emerged a blunder was made in legislation introduced in 2009 as part of reforms of the criminal law relating to sexual offences.
It resulted in three specific offences being removed from the list of those that can be heard before Magistrates Courts here.
The error, which was only identified in 2018, occurred prior to the devolution of justice powers to Stormont in 2010.
As it was inadvertent, no criminal justice agencies or relevant legal bodies were informed, and they continued to deal with cases as they had previously, assuming the offences could still be dealt with by a magistrate.
That meant prosecutors opted to try the defendants in Magistrates Courts at a time when the incorrectly drafted legislation dictated the cases could only be heard in the Crown Court, which has the power to hand out stiffer sentences.
The cases involve 15 victims of indecent assault and two unlawful carnal knowledge offences.
All the defendants were tried between 2009 and 2017.
The offences were committed between 1973 and 2009 and 11 of the victims were children at the time.
One of the convicted is still on the Sex Offenders Register but will now be removed.
Another was handed a prison term, and others received suspended sentences.
The PPS says a support package has been put in place for the victims in conjunction with Stormont’s Department of Justice and two welfare organisations, Victim Support NI and Nexus NI.
It is also considering whether fresh prosecutions should be taken against the 15 defendants.
The PPS says any new decision in each case will be taken as quickly as possible and by engaging with the victims.
Those affected were informed of the error in a letter with a detailed explanation of how the situation arose and the proposed steps to be taken.
PPS assistant director Ciaran Mcquillan has apologised to the victims who have been affected by the blunder.
“We are truly sorry to have to inform all affected by this unforeseen and undetected error in the law,” Mr Mcquillan said.
“This development will have come as a great shock and disappointment to the victims.
“It will also cause uncertainty for the defendants involved.
“We have made significant efforts to minimise the shock and upset these victims will clearly be feeling but we appreciate that this will be distressing news for many of them.
“Victims should not allow the unusual circumstances which led to this development to diminish confidence in coming forward to report their experience.
“Victims can continue to come forward in the knowledge that they will be treated with sensitivity and respect”.
Brenda Kelly, CEO of Nexus NI, said the news will be difficult for victims, who despite feeling their case was closed will now be feeling uncertain moving forward.
“There is a possibility that this news will create further trauma for victims,” she added.
Geraldine Hanna, the CEO of Victim Support NI, said: “Ultimately, this error has failed victims and our aim in the coming weeks will be to provide support to them.”
Former Justice Minister Claire Sugden added: “It’s unacceptable that we have a situation where we are potentially retraumatising victims.
“We urgently need a review of how this was able to happen for so long.”
Ulster Unionist MLA Doug Beattie called on Justice Minister Naomi Long to provide answers.
“This shocking news is another hammer blow to the local justice system, which is already struggling to retain public confidence and is viewed as a soft touch for criminals,” Mr Beattie said.
Chairman of the Assembly’s Justice Committee Paul Givan added: “That victims who have already followed due process at great personal cost and strain should be retraumatised in this way is morally unacceptable.”
In response, Mrs Long said: “This unintentional error in legislation, which dates back to 2009, was not picked up until very recently.
“I am assured that the PPS will be reapplying the prosecutorial test to determine whether any of the cases should result in fresh prosecutions.”
‘This shocking news is another hammer blow to the local justice system, which is struggling to retain the confidence of the public’