Exclusive: Vast majority of NI terror convictions are handled by lower-level courts
That is one of the striking conclusions found in an annual report on paramilitary crimes, compiled by the Northern Ireland Office (NIO).
By hearing cases in magistrates’ courts, it can restrict the kind of sentence that can be handed down.
Advertisement
Hide AdAdvertisement
Hide AdFor example, the top sentence available to a district judge sitting in a magistrates’ courts is capped at 12-months.
By contrast, Crown Courts can theoretically jail offenders for their entire lives.
The NIO report shows that 14 terror convictions in all happened in 2019/20.
Looking back through time, the vast lion’s share of NI terror cases have been handled by the Crown Court (with 80 people convicted of terrorism in Crown Court since 2007, compared with just 26 in magistrates’ court).
But this trend went into sharp reverse in 2019/20.
Advertisement
Hide AdAdvertisement
Hide AdInstead, magistrates’ courts convicted 12 of the terrorists, with just two terrorists dealt with in Crown Court.
The report does not delve into exactly what these 14 people’s offences were, or what sentences were handed down – only that they relate to breaches of terror laws.
The News Letter has tried to find out why so many terrorists are being dealt with by the same kind of courts which handle petty driving offences or minor shoplifting claims, instead of by judges with far tougher powers.
And as is often the case, various state agencies pointed the finger at one another.
Advertisement
Hide AdAdvertisement
Hide AdThe Department of Justice was asked whether there is a new policy of handling terror cases in magistrates’ courts.
It referred the News Letter to the NIO, and the PPS.
The NIO in turn referred the paper back to the Department of Justice.
The PPS did answer, however, saying: “All prosecution decisions are taken in line with the PPS Code for Prosecutors and every case is considered individually.
“The number of cases that proceed on indictment in the Crown Court will fluctuate year on year depending on how quickly cases progress to trial.”
Advertisement
Hide AdAdvertisement
Hide AdGavin Robinson, a DUP MP and qualified barrister, said: “To my mind, the limited sentencing powers, the limited fines available, and the limited bail conditions, would not ordinarily mean magistrates’ courts are a suitable venue for terrorist cases.”
The News Letter has repeatedly covered examples of low-level sentencing for people convicted of terrorism.
Perhaps the most notorious example is that of Conal Corbett, a north Belfast man who was linked to a plot to blow up police officers.
His phone was traced after plotters called in the location of the unexploded device.
Advertisement
Hide AdAdvertisement
Hide AdA Crown Court judge gave him a mere suspended sentence after being told he had changed his outlook (though further investigation by the News Letter has shown that since appearing in court he has continued voicing support for paramilitaries).
More on this topic from this reporter:
Click here: Dissident who avoided jail after judge was told he ‘matured’ still vocally backs hardcore republicans
A message from the Editor:
Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.
Advertisement
Hide AdAdvertisement
Hide AdWith the coronavirus lockdown having a major impact on many of our advertisers — and consequently the revenue we receive — we are more reliant than ever on you taking out a digital subscription.
Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than 5 articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content.
Visit https://www.newsletter.co.uk/subscriptions now to sign up.
Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.
Alistair Bushe
Editor