New law in Northern Ireland grants anonymity to sex offence suspects until charged
September 28, 2023 · By Chris Page, BBC News Ireland correspondent for www.bbc.com
New law in Northern Ireland grants anonymity to sex offence suspects until charged
New laws have come into force in Northern Ireland, which will grant anonymity to people suspected of sexual offences until they are charged.
Members of the public will also be excluded from the Crown Court during sexual offence cases.
Northern Ireland is the first part of the UK to put these measures into law.
They are being brought in as a result of legislation passed by the devolved Stormont Assembly in March 2022.
The bill was brought forward by the then Justice Minister Naomi Long after a review of laws and procedures relating to sexual offences.
The report by the retired senior judge, Sir John Gillen, was published in 2019 and made more than two hundred recommendations.
The review was commissioned after the high-profile rape trial of two former Ulster rugby players, Paddy Jackson and Stuart Olding, which ended in their acquittal.
From Thursday, people who are being investigated by the police on suspicion of sexual offences will have their anonymity protected unless they are charged.
They cannot be identified until 25 years after their death.
The provision for anonymity ends at the point at which a suspect is charged.
The existing right to anonymity for victims is being extended from the point of their death until 25 years after they have died.
The change to the law on who can attend sexual offences cases in the Crown Court means that access will be restricted to people directly involved in the proceedings, and to “bona fide” journalists.
‘Utter humiliation’
The alleged victim will also be able to nominate one friend or relative to attend, and the accused will be able to do the same.
Sir John Gillen said: “One of the most unforgiving consequences of a complainant coming forward in a serious sexual offence has been the utter humiliation of being obliged to recite the most intimate and distressing details of their experiences before, potentially, a packed courtroom.
“It was one of a number of factors deterring victims form engaging in the criminal justice process.
“That particular fear has now been removed.”
The most senior civil servant at the Northern Ireland Department of Justice, the Permanent Secretary Richard Pengelly, said the exclusion of the public from court was “an important step in giving greater protection and support to victims.”
He said: “I hope that all these measures will enable victims to have greater confidence in the criminal justice system.”
