Convictions of 15 NI sex offenders to be rescinded due to law change gaffe

The convictions for indecent assault and unlawful carnal knowledge involve 17 victims, 11 of whom were children at the time of the offences.

One of the convicted offenders is still on the Sex Offenders Register but will now be removed as a result of the blunder.

Prosecutors are now to decide whether to pursue fresh prosecutions.

All the defendants were tried in magistrates’ courts in Northern Ireland between 2009 and 2017. The offences were committed between 1973 and 2009.

One was handed a prison term while others received suspended sentences.

The convictions will be ruled invalid after it was discovered that a mistake was made in legislation introduced in 2009 as part of reforms of the criminal law relating to sexual offences.

The error saw three specific offences removed from the list of those that can be heard before magistrates’ courts in Northern Ireland.

The mistake was made under the watch of the UK Government, as it happened before the devolution of justice powers to the Stormont Executive in 2010.

As the error was inadvertent, none of the criminal justice agencies or relevant legal bodies in Northern Ireland 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 – with the consent of all 15 – at a time when the incorrectly drafted legislation dictated the cases could only be heard in a crown court.

Ulster Unionist Justice Spokesperson Doug Beattie has called on the Justice Minister Naomi Long to provide further information.

He said: “The news that 15 sex offenders are to have their convictions rescinded because of a ‘legislative error’ will have an impact far beyond the 17 victims affected.

“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.

“We spend a lot of public money on a system, which has been criticised for prioritising the rights of criminals over the rights of victims and the general public.

“The Justice Minister needs to explain just how this was allowed to happen, who was responsible, when it was first noticed and how many other cases may be affected.