Justice Bill takes first steps in NI Assembly

Justice Minister Naomi Long today introduced the Justice Bill 2024 to the Northern Ireland Assembly.

The Bill contains a range of significant reforms to the justice system and delivers on several of the Minister's priorities for change.

The Justice Bill has four core aims:

• to amend retention periods for biometric material.
• to make changes to bail and custody arrangements for children and young people.
• to improve services for victims and witnesses; and
• to improve the efficiency and effectiveness of aspects of the justice system.

Naomi Long said, “The Justice Bill is another step forward on our journey to reform and modernise our justice system, improving its operation and effectiveness, and making it a better system for all. 

“The Bill will allow for the development of a framework for the retention of biometric material, including DNA and fingerprints.  This will mean such material will no longer be kept indefinitely and a review of current retained material will be carried out.  The Bill will also allow for the appointment of a new commissioner in Northern Ireland to provide important oversight of the new framework and review process.”

The Minister is committed to improving outcomes for children and young people, as set out in its Strategic Framework for Youth Justice.  This will be achieved through changes to existing legislation around bail, remand and custody for children. 

The Minister said: “Custodial sentences for children are always a measure of last resort, and only when the offences necessitate them.  This new legislation will further protect those young people in custody by ensuring they are only held in a youth custodial facility, which is the appropriate place for their needs.”

Minister Long also set out a number of amendments which have been agreed by the Executive for development for planned inclusion in the Bill at Consideration Stage.  These include:

• Provisions to transfer the powers and functions contained in section 43 of the Justice and Security (Northern Ireland) Act 2007 from the Secretary of State for Northern Ireland to DOJ to manage the accreditation process for organisations wishing to deliver Restorative Justice.
• Provisions to amend rehabilitation periods in the Rehabilitation of Offenders (NI) Order 1978 to shorten existing rehabilitation periods and to allow more convictions to be able to become spent.
• Provisions to facilitate the wider use of video and audio-conferencing systems (commonly referred to as live links) within courts (criminal and civil) and tribunals, thereby allowing the cessation of reliance on similar provisions in the Coronavirus Act 2020;
• Provisions to streamline arrangements for the maintenance and ease of understanding of the existing list of 1200+ sexual and violent offences that cannot be filtered from disclosure certificates by AccessNI;
• Provisions to allow for the repeal of vagrancy legislation (the Vagrancy Act 1824 and the Vagrancy (Ireland) Act 1847); and
• Provisions to tackle those who participate in or direct serious organised crime.

In conclusion, the Minister said: “This is important legislation, which strengthens existing law and will have a real, tangible and positive effect on the justice system.

“I look forward to working with the Justice Committee and Assembly colleagues to ensure the provisions of this Bill are enacted this mandate.”

Notes to editors: 

1.  The Justice Bill was introduced to the Assembly on 17th September 2024

2.  The Bill consists of 34 clauses and has 4 key principles.

3.  The full list of provisions in the Bill is as follows:

Part 1 - Provisions relating to Biometric Data: Retention etc, which include:

• replacing indefinite retention with maximum retention periods for biometric data in Northern Ireland, based on age, severity of offence, and disposal/sentence;
• the introduction of a requirement for a review of long term retained material;
• the introduction of a provision for convictions outside the United Kingdom to be treated in the same way as Northern Ireland convictions; and
• the introduction of a provision to extend the role of the Northern Ireland Commissioner for the Retention of Biometric Material.

Part 2 - Provisions relating to bail, remand and custody for children, to:

• strengthen the existing presumption of bail for children, introducing unconditional bail as standard and a requirement that any conditions applied should be proportionate and necessary;
• introduce specific conditions which must be met before a child can be remanded into custody; and
• underpin the current administrative arrangements which exist around the separation of children and adults in custodial settings.

​​​​​Part 3 - Use of Live Links in police custody:

• Procedural adjustments to PACE detention review provisions by live video link.

Part 4 - Administration of Justice:

Functions relating to the police

• • Provision to provide the Northern Ireland Policing Board with an express power of delegation; and
  • Removing the duty on the Comptroller & Auditor General to assess the NI Policing Board's performance plans and arrangements to secure continuous improvement.

Criminal proceedings

• • Amendment to the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 to correct a drafting error and transfer the function of consenting to conspiracies to commit offences outside NI from the Director of Public Prosecutions to the Advocate General for Northern Ireland;
  • Provisions to close a gap in the law by amending section 7 of the Domestic Violence, Crime and Victims Act 2004 to prevent a charge of murder or manslaughter being “no billed” where a defendant is charged, within the same proceedings, with the section 5 offence (the offence of causing or allowing a child or vulnerable adult to die); and
  • Adjustments to close a gap in intermediary appeal arrangements that would give legal cover for Registered Intermediaries to be provided for where there is an appeal from magistrates' or Crown Court (to county court or Court of Appeal).

Legal Aid

• A technical amendment to Schedule 11 to the Land Registration Act (NI) 1970 to add charges created by the Access to Justice (NI) Order 2003 and the Civil Legal Services (Statutory Charges) Regulations (NI) 2015 to the Schedule under which statutory charges can be registered; and
• Provisions to amend the Judicature (Northern Ireland) Act 1978 to impose a restriction on the circumstances in which an order for taxation of legal aid costs may be made.  This is to facilitate the envisaged future introduction of alternative methods of determining the remuneration payable in relevant legal aid cases.

Criminal Records Certificates:

• Provisions to amend Schedule 8A of Part V of the Police Act to comply with a 2019 Supreme Court judgment on disclosure of non-court disposals for under 18s.

Court Security

• Changes to court security powers under the Justice Act (Northern Ireland) 2004 to extend the powers of Court Security Officers to cover all buildings in which Tribunals sit.

4.  Copies of the Bill and Explanatory Notes can be accessed at the Northern Ireland Assembly(external link opens in a new window / tab) website