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| Sex offence convictions against 15 people set aside over 'error' | |
| (about 4 hours later) | |
| Sex offence convictions against 15 people are to be set aside because of "legislative error," the Public Prosecution Service (PPS) has said. | Sex offence convictions against 15 people are to be set aside because of "legislative error," the Public Prosecution Service (PPS) has said. |
| The cases involve 17 victims, the majority of whom were children at the time the offences occurred. | The cases involve 17 victims, the majority of whom were children at the time the offences occurred. |
| The PPS has discovered "a technical change in the law" in 2009 meant the cases should not have been prosecuted in a magistrates court. | The PPS has discovered "a technical change in the law" in 2009 meant the cases should not have been prosecuted in a magistrates court. |
| It said it is "truly sorry" for the distress the news will cause victims. | It said it is "truly sorry" for the distress the news will cause victims. |
| The PPS will now consider whether or not to re-run the cases in a crown court. | The PPS will now consider whether or not to re-run the cases in a crown court. |
| The cases cover offences of indecent assault or unlawful carnal knowledge which occurred between 1973 and 2009. | The cases cover offences of indecent assault or unlawful carnal knowledge which occurred between 1973 and 2009. |
| PPS assistant director Ciaran McQuillan said: "This development will have come as a great shock and disappointment to the victims. | PPS assistant director Ciaran McQuillan said: "This development will have come as a great shock and disappointment to the victims. |
| "It will also cause uncertainty for the defendants involved. | "It will also cause uncertainty for the defendants involved. |
| "The PPS has arranged for delivery of letters to all those affected with a detailed explanation of how the situation arose and the steps we are now proposing to take." | "The PPS has arranged for delivery of letters to all those affected with a detailed explanation of how the situation arose and the steps we are now proposing to take." |
| Mr McQuillan said a fresh prosecutorial decision in each case will be taken within as short a time frame as possible and that engagement with the victims would be an important part of that process. | |
| Any new case would be heard before a crown court and it is likely that sentencing after any subsequent conviction would take account of punishments already handed down after the original invalid trials. | |
| 'Inadvertent' error | |
| The PPS said it was discovered that an amendment to legislation in 2009 had "unintentionally removed" three specific offences from those which could be prosecuted in a magistrates court. | |
| That meant that from that point onwards the offences could only be prosecuted in the crown court. | That meant that from that point onwards the offences could only be prosecuted in the crown court. |
| As this change was inadvertent, it was not highlighted at the time to any of the agencies or practitioners in the criminal justice system, including the PPS. | As this change was inadvertent, it was not highlighted at the time to any of the agencies or practitioners in the criminal justice system, including the PPS. |
| It was first discovered in 2018 that a mistake had been made, with prosecutors working in the intervening period to identify the cases it impacted. | |
| The convictions that will be rescinded involve: | |
| The PPS has been working with the Department of Justice and victims' groups Victim Support NI and Nexus NI to put in place a support package for victims affected. | |
| The department will also have to decide whether new legislation is needed to correct the error. |