NI: Over dozen sex offence convictions set aside over legislative error

NI: Over dozen sex offence convictions set aside over legislative error

The Public Prosecution Service (PPS) has set aside the convictions of 15 individuals for certain sexual offences as a result of a legislative error which caused them to be invalid.

The PPS conducted a review of all cases potentially impacted after prosecutors became aware of a technical change to the law made in 2009 which inadvertently meant that certain types of sexual offences could no longer be prosecuted in the Magistrates’ Court and could only be dealt with by the Crown Court.

The review identified 15 cases, in which there are 17 victims, which are to be set aside.

A support package will be put in place for the victims, in partnership with Victim Support NI, Nexus NI and the Department of Justice. The PPS is now considering whether fresh prosecutions should be taken against the 15 individuals.

PPS assistant director, Ciaran McQuillan, said: “We are truly sorry to have to inform all affected by this unforeseen and undetected error in the law. This development will have come as a great shock and disappointment to the victims. It will also cause uncertainty for the defendants involved.

“The PPS has arranged for delivery of letters to all those affected with a detailed explanation of how the situation arose and the steps we are now proposing to take. In recognition of the cross cutting nature of this issue, we have worked together with the criminal justice partners involved to identify the scale of the problem and the actions needed to address it.

“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.

“To support them through this challenging time, we have liaised with Victim Support NI, an independent charity which supports and advocates for victims of crime, who will be available to assist the victims should they need additional information and help.  We have also arranged for Nexus NI, a charity which provides counselling for victims of sexual violence and trauma, to offer counselling support if victims wish to avail of this. We thank both organisations for their invaluable assistance.”

He also urged other victims not to allow the “unusual” circumstances in these cases to discourage them from coming forward to report their experience.

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