09/11/2020
Consultation Launches On Aspects Of Domestic Violence Legislation
A new public consultation has been launched on aspects of current domestic violence legislation.
The consultation has been launched by Justice Minister Naomi Long following a review on the use of 'consent to serious harm for sexual gratification' as a defence.
In its June 2019 inspection report "No Excuse: Public Protection Inspection II: A thematic inspection of the handling of domestic violence and abuse cases by the criminal justice system in Northern Ireland”, Criminal Justice Inspection Northern Ireland (CJINI) recommended that the Department of Justice should review how potential inadequacies in current legislation regarding the act of choking or strangulation by defendants could be addressed.
Naomi Long said: "In light of CJINI's report, I commissioned a full review to identify and address any inadequacies in the current legislation regarding choking and strangulation. Following an amendment to the Westminster Domestic Violence Bill, I have broadened the review to include consent to serious harm for sexual gratification not being a defence, sometimes known as the 'rough sex' defence.
"I have given this aspect of the wider review of strangulation policy and legislation priority to allow earlier consideration of actions to tackle this important issue. The consultation process covering this defence will give victims, stakeholders and other interests the opportunity to contribute to shaping our future policy and legislation in this challenging area.”
While the law on this defence has progressed in England and Wales, Northern Ireland can continue to rely on the case law on such consent and victims should not be significantly disadvantaged. However, a similar level of certainty in the law is desirable.
The Review has focused on the wider policy regarding consent to serious harm for sexual gratification and is not questioning the rationale behind individual prosecution or sentencing decisions, or the independence of the Public Prosecution Service or the judiciary.
The consultation will run for 8 weeks from 9 November until 4 January 2021
The Department of Justice is happy to meet to discuss the issue in line with any request received (and in line with current Covid 19 restrictions).
Responses to the consultation can be submitted via Citizen Space.
The consultation has been launched by Justice Minister Naomi Long following a review on the use of 'consent to serious harm for sexual gratification' as a defence.
In its June 2019 inspection report "No Excuse: Public Protection Inspection II: A thematic inspection of the handling of domestic violence and abuse cases by the criminal justice system in Northern Ireland”, Criminal Justice Inspection Northern Ireland (CJINI) recommended that the Department of Justice should review how potential inadequacies in current legislation regarding the act of choking or strangulation by defendants could be addressed.
Naomi Long said: "In light of CJINI's report, I commissioned a full review to identify and address any inadequacies in the current legislation regarding choking and strangulation. Following an amendment to the Westminster Domestic Violence Bill, I have broadened the review to include consent to serious harm for sexual gratification not being a defence, sometimes known as the 'rough sex' defence.
"I have given this aspect of the wider review of strangulation policy and legislation priority to allow earlier consideration of actions to tackle this important issue. The consultation process covering this defence will give victims, stakeholders and other interests the opportunity to contribute to shaping our future policy and legislation in this challenging area.”
While the law on this defence has progressed in England and Wales, Northern Ireland can continue to rely on the case law on such consent and victims should not be significantly disadvantaged. However, a similar level of certainty in the law is desirable.
The Review has focused on the wider policy regarding consent to serious harm for sexual gratification and is not questioning the rationale behind individual prosecution or sentencing decisions, or the independence of the Public Prosecution Service or the judiciary.
The consultation will run for 8 weeks from 9 November until 4 January 2021
The Department of Justice is happy to meet to discuss the issue in line with any request received (and in line with current Covid 19 restrictions).
Responses to the consultation can be submitted via Citizen Space.
Related Northern Ireland News Stories
Click here for the latest headlines.
30 November 2021
Consultation Launches On Proposals For 'Charlotte's Law'
Justice Minister Naomi Long has launched a public consultation on proposals for 'Charlotte's Law'. The consultation follows a review of current law in relation to disclosure of information on the locations of victims' remains by those convicted of their killing.
Consultation Launches On Proposals For 'Charlotte's Law'
Justice Minister Naomi Long has launched a public consultation on proposals for 'Charlotte's Law'. The consultation follows a review of current law in relation to disclosure of information on the locations of victims' remains by those convicted of their killing.
06 March 2007
Parent group appealing over Tyrone school closure
A High Court battle has began in County Tyrone to try and save a school from closure. St Joseph’s High School, in Plumbridge which has 50 pupils, is set to close in June due to a decline in numbers. One parent has applied for a judicial review of the decision.
Parent group appealing over Tyrone school closure
A High Court battle has began in County Tyrone to try and save a school from closure. St Joseph’s High School, in Plumbridge which has 50 pupils, is set to close in June due to a decline in numbers. One parent has applied for a judicial review of the decision.
21 February 2018
Secretary Of State Called To Urgently To Review MLA's Pay
The leader of the Alliance Party has urgently called on Secretary of State Karen Bradley to review MLA's pay after talks collapsed to restore power-sharing in NI. Naomi Long said to pay full salaries during the suspension is "untenable". Northern Ireland has been without an Executive since January last year.
Secretary Of State Called To Urgently To Review MLA's Pay
The leader of the Alliance Party has urgently called on Secretary of State Karen Bradley to review MLA's pay after talks collapsed to restore power-sharing in NI. Naomi Long said to pay full salaries during the suspension is "untenable". Northern Ireland has been without an Executive since January last year.
01 December 2020
Hate Crime Legislation Recommendations 'Complex And Wide-Ranging'
The Final Report of a review in to NI's hate crime legislations contains recommendations that are "complex and wide–ranging" and Justice Minister Naomi Long has said she will have to "take some time to give them careful consideration". The report has been compiled by Judge Desmond Marrinan.
Hate Crime Legislation Recommendations 'Complex And Wide-Ranging'
The Final Report of a review in to NI's hate crime legislations contains recommendations that are "complex and wide–ranging" and Justice Minister Naomi Long has said she will have to "take some time to give them careful consideration". The report has been compiled by Judge Desmond Marrinan.
15 June 2001
REVISED MAST LEGISLATION EXPECTED
THE Northern Ireland Executive has backed proposals for tougher planning regulations on phone mast building in Northern Ireland. The Executive discussed a paper on Thursday June 14 from the Minister of Environment reporting on the outcome of the consultation process on the control of telecommunications masts.
REVISED MAST LEGISLATION EXPECTED
THE Northern Ireland Executive has backed proposals for tougher planning regulations on phone mast building in Northern Ireland. The Executive discussed a paper on Thursday June 14 from the Minister of Environment reporting on the outcome of the consultation process on the control of telecommunications masts.
-
Northern Ireland WeatherToday:A sunny but frosty start for many. However cloud increases by midday with a few showers reaching the north coast, these mostly light but spreading inland this afternoon. Chilly. Maximum temperature 8 °C.Tonight:A rather cloudy evening with scattered showers. Becoming drier through the night with some good clear spells developing and a patchy frost away from coasts. Minimum temperature 0 °C.