Criminal Justice System Review

Another important advance has been made in the implementation of the Belfast Agreement with the publication yesterday of the …

Another important advance has been made in the implementation of the Belfast Agreement with the publication yesterday of the Review of the Criminal Justice System in Northern Ireland. The 294 recommendations in the 500-page report constitute an impressive body of work. It is manifestly clear from the beginning to the end of the report that its authors - four civil servants representing the Northern Secretary of State, the Lord Chancellor and the Attorney General for England and Wales together with five independent assessors - were guided by a desire "to propose practical confidence-building measures for a fresh political climate" in Northern Ireland.

The review group adopted a broad interpretation of what constitutes the criminal justice system in that divided society, proposing far-reaching reforms relating to the judiciary and the courts, the criminal justice agencies, the legal profession, victims, witnesses and defendants, and those voluntary and community groups who provide criminal justice services. Among its conclusions, it suggested that there should be fully structured co-operation between governments and criminal justice systems, North and South.

The report recommends that all criminal cases, currently prosecuted by the Director of Public Prosecutions and the police, should be handled by a single new independent prosecuting authority. The investigative functions should remain with the RUC. The creation of "a locally sponsored post" of Attorney General, who would have oversight of the prosecution service, is also proposed. The new Attorney General is seen as a non-political figure drawn from the ranks of senior lawyers and appointed by the First Minister and Deputy First Minister. He/she would be enabled to participate in the business of the Northern Ireland Assembly, without voting rights.

The most far-reaching changes are envisaged in the manner of the appointment of judges in Northern Ireland. The review suggests that a Judicial Appointments Commission should be established. Westminster should also enact legislation to enable responsibility for judicial appointments to be devolved "on an agreed basis at a date to be determined by the Government in the light of the prevailing circumstances". It also recommends that a stated objective should be to secure the development of a judiciary "that is reflective of Northern Ireland society, in particular by community background and gender, as can be achieved consistent with the overriding requirement of merit".

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The report displays a fine-tuned sensitivity to symbols in its recommendation that there should be no change in the arrangements for displaying the royal coat of arms on the exterior of existing courthouses. In order to create an environment in which all attending court could feel comfortable, however, it proposes that the interior of courtroom should be free of such symbols.

The fact that these comprehensive reforms are advanced at a time when the political institutions are suspended and there is a stalemate in the political process should not detract from the contribution this report could make to securing the confidence of all parts of the community, and changing the lives of ordinary citizens, in Northern Ireland. The criminal justice system affects many people and there are divergent views about its operation. The initial reaction from the pro-agreement parties is encouraging in that context.