Niacro

NIACRO works to reduce crime and its impact on people and communities

NIACRO’S RESPONSE TO THE NIO CONSULTATION ON

QUASHING CONVICTIONS

DECEMBER 2006

1.        INTRODUCTION

1.1       NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for 35 years to reduce crime and its impact on people and communities.  NIACRO provides services under the headings of: working in communities; working with children and young people who offend; working with offenders and ex-prisoners; working with prisoners, their families and children; influencing policy and practice; and applying resources effectively.

1.2NIACRO’s Vision is to be acknowledged as making a unique contribution to the development of a society in which the rights of everyone, including offenders, are equally respected.

1.3NIACRO’s Mission Statement is, “working to reduce crime and its impact on people and communities.

1.4NIACRO welcomes the opportunity to respond to the report of a review by the Home Secretary, Lord Chancellor and Attorney General, September 2006 – “Quashing Convictions”.

2.RESPONSE  - NIACRO opposes the proposed changes outlined in the consultation paper. 

2.1NIACRO feels that it is wrong to import the changes without taking into account the situation within the jurisdiction of Northern Ireland. 

2.2NIACRO believes that the proposals are politically driven and do not in fact go any way towards “rebalancing the Criminal Justice System in favour of the victim and the law abiding majority” as suggested by the Home Secretary. 

2.3Libertyhave made the point that “the majority of convictions quashed on appeal do not involve cases which the Court of Appeal is satisfied as to the appellant’s guilt”. 

2.4Where there is a question a retrial will frequently be ordered by the Court of Appeal.

2.5NIACRO believes that it is imperative that all sections of the Criminal Justice System have regard to the maintenance of public confidence through the delivery of processes that uphold the rule of law.  In NIACRO’s view the proposals contained within this consultation will not achieve this.

2.6The consultation, if enacted in its current form, has major constitutional consequences.  The Court of Appeal (July 30^th 1997) “is not concerned with guilt or innocence of the appellants; but only with the safety of their convictions”.  Had the proposals referred to in the consultation paper been applied to high profile cases of Northern Irish origin the outcomes might have been very different.

2.7The final point to be made is around the relationship between the Executive and the Judiciary.  In short the Court of Appeal can act as a check to state malpractice and this checking function requires to be maintained.  This in turn will assist in the maintenance and development of public confidence.