The proposed changes to sentences relate to the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm
The Department of Justice is considering its next steps on a proposal to make the offence of causing or allowing a child or vulnerable adult to die punishable by life imprisonment.
Publishing a summary of responses from a public consultation on the subject, Justice Minister Naomi Long thanked those who engaged with the consultation and for taking the time to provide such “comprehensive responses”.
“Legislation is put in place to serve and protect the public, so it is only right that the public has a say with regards to the development of legislation and policy. The responses will now play a key part in the next steps taken by my officials on this very important issue,” the minister said.
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The consultation posed a series of questions relating to the maximum sentences for the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm. It proposed increasing the maximum sentence for causing or allowing the death of a child or vulnerable adult from 14 years to life imprisonment.
It further proposed increasing the maximum sentence for causing or allowing serious physical harm from 10 years to 14 years.
The Minister continued: “Overall, respondents overwhelmingly welcomed the proposal to increase the maximum custodial sentences for the offences. As these proposals require primary legislation, it is not my Department’s intention to bring forward these revised sentencing arrangements during the current Assembly mandate.
“Consideration will be given to identifying an appropriate legislative vehicle to bring them forward during the next mandate.”
Almost nine in 10 respondents (89%) to the consultation supported making the offence of causing or allowing a child or vulnerable adult to die punishable by life imprisonment.
A similar percentage approved of raising the maximum sentence for causing or allowing a child or vulnerable adult to suffer serious physical harm from 10 years to 14 years.
The proposed changes to sentences relate to the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm.
It was enacted to deal with the situation where it was clear that one of a limited number of members of a household was responsible for the death or serious harm of a child or vulnerable adult (and there was no evidence that they acted jointly), but there was insufficient evidence to point to the particular person responsible. The offence means that, in such cases, all individuals can be charged.
The death or harm must be caused by an unlawful act; not from an accident or a natural cause, and the defendant must have been a member of the same household as the victim and had frequent contact with the victim.
The offence can also be used where one person caused the death or serious harm and another allowed it by failing to act to prevent it when they had a duty to protect the victim from harm. In such cases, both individuals can be charged.
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