Publication date:
The Public Prosecution Service (PPS) is to apply for the reinstatement of 15 sexual offence convictions set aside in 2020 following the identification of a legislative error that was considered to have deprived the Magistrates’ Court of jurisdiction to hear the relevant cases.
The PPS intends to ask the High Court to quash an earlier court order setting aside the convictions. If granted, the order means that the original convictions will be restored.
This step is being taken after the High Court corrected what it found to be an unintended change made to the law in 2009. The change meant that certain types of sexual offences could no longer be prosecuted in the Magistrates’ Court and could only be dealt with by the Crown Court.
After becoming aware of this change, the PPS initiated a thorough review of all cases that were potentially affected. As a result, it was concluded in September 2020 that it was appropriate for prosecutors to apply to a District Judge to have 15 convictions quashed, as subsequently happened. The PPS then had a duty to apply the Test for Prosecution afresh to all 15 cases.
A subsequent PPS decision to re-prosecute one of the 15 defendants for the same offence in the Crown Court became subject to Judicial Review proceedings, and the High Court interpreted the relevant legislation so as to correct the error. As a result, prosecutors will now seek to have the remaining convictions reinstated.
The Head of the PPS Serious Crime Unit Ciaran McQuillan acknowledged the uncertainty and upset created for victims by the unforeseen chain of events which developed after the legislative error was identified.
“It was with regret that we had to take the original action to have these convictions quashed when we identified the legislative error. The High Court proceedings have presented an opportunity for the unfortunate circumstances to be corrected by a judicial interpretation that retains the ability to prosecute these offences in the Magistrates’ Court.
“I am contacting the victims involved to explain the steps that will now be taken to reinstate the convictions.
“Whilst this is in some respects positive news, I must acknowledge that this was a distressing experience for the victims involved, many of whom understandably thought their case had concluded many years ago and who had moved on with their lives.
“I am grateful to the victims I have dealt with for their understanding.”
ENDS
NOTES TO EDITORS:
1. In 2020, the PPS applied to rescind the Magistrates’ Court convictions of 15 individuals for certain sexual offences between 2009 and 2017. This happened after the prosecutors became aware of a technical change to the law made in 2009 which inadvertently meant that certain types of sexual offences could no longer be prosecuted in the Magistrates’ Court, and could only be dealt with by the Crown Court. The issue was not identified by any of the parties involved in the progress of each case through the courts at the time.
2. The cases in which there was an application to rescind convictions involve:
- 14 victims where the relevant offence was indecent assault on a female contrary to section 52 of the Offences Against the Person Act 1861;
- One victim where the relevant offence was indecent assault on a male contrary to section 62 of the Offences Against the Person Act 1861;
- Two further cases where the relevant offence was unlawful carnal knowledge contrary to section 5(1) of the Criminal Law Amendment Act 1885.
3. For further background on these decisions, please refer to press release and background briefing paper which the PPS released to outline the original issue on 23 September 2020.
4. In December 2020, the PPS then considered afresh all 15 cases to determine whether new proceedings should be brought. On completion of this review process, it was concluded that of the 15 cases, there were three in which the Test for Prosecution was met and Crown Court proceedings were initiated. There were 12 in which the Test for Prosecution was no longer met and in which, therefore, there was no fresh prosecution. For further background on the review process, please refer to the press release.
5. In January 2021, Judicial Review proceedings were initiated by one of the three defendants facing fresh proceedings in the Crown Court. As a result, on 15 March 2023, the High Court quashed the decision of the District Judge dated 27 October 2020 whereby he rescinded the conviction of the applicant for an offence of indecent assault, contrary to section 52 of the 1861 Act. The judge also quashed the PPS decision to re-prosecute the applicant. The effect of the judgment is that the applicant is restored to the position which he was in before the matter was brought back before the District Judge in 2020.
6. The three live Crown Court proceedings will now be withdrawn as they are no longer needed when the original conviction is reinstated.
For media enquiries please contact PPS Communications by emailing ppspressoffice@ppsni.gov.uk during office hours. Outside of office hours, the duty press officers can be contacted by calling 07341800254, 07920418844 or 07920271804.