Minister Should Act Now to Legislate on Character References – Beattie
Minister Should Act Now to Legislate on Character References – Beattie
Ulster Unionist Party Justice Spokesperson, Doug Beattie MC MLA, has called on the Justice Minister to move without delay to bring forward legislation to address growing concerns on the use of character references in sexual abuse cases.
Mr. Beattie said.
“The issue of character references should not be a thorny issue. A case is heard on the evidence and a decision on guilt or not is then found. The issue we have is that we then go into a cycle of mitigating evidence, including but not limited to, character references. The judge then uses case law and the mitigating circumstances to decide on a sentence.
“Unless you are legally minded this is not something that is easy to understand and that is why many, including myself, believe for serious offences, including sexual offences, a character reference should play absolutely no part in the sentencing review. That makes it easier in part for the victims to understand why a particular sentence was served. For far too long we have not put the victim first and our sentencing has been at best shambolic.
“However, the wider issue is confidence in our judiciary and the side-stepping of questions from our Justice Minister every time and issues raised compounds this. If we are to have any confidence in how sentencing is calculated in Northern Ireland, then we must consider the appointment of a ‘Sentencing Council’.
“For those who watched the sentencing of Axel Rudakubana for the horrific murder of 3 little girls in Southport, they would have seen a Judge lay out exactly why he was giving the 52-year custodial sentence that he did. Many will disagree with the sentence and argue it should have been a whole life order but at least we know why it was not.
“This is because a sentencing council reviewed the case once guilt was established and they then informed the judge. Leaving it up to judges in Northern Ireland, who do not attend continuous and compulsory training, is clearly flawed. The independence of the judiciary should not be in question, but it still needs legislative guidance and direction.
“Yet again I am frustrated by the side swerve of the Justice Minister and the Department of Justice in dealing with this issue. I have no hesitation in saying that character references should not form part of the mitigating circumstances pack for judges in serious offences including sexual offences. The Minister should bring forward whatever legislation is needed to at pace to make this the case.”