AQW 46810/22-27 Written question to the Minister of Justice
To ask the Minister of Justice to detail (i) any assessment been made on how any forthcoming or proposed changes to sentencing legislation will impact the prison population; and (ii) any discussions she has had with her Executive colleagues regarding the funding and resourcing required to manage current and projected pressures within the prison estate.
Asked by Claire Sugden MLA on 21 May 2026
- Answered
- Written
- Tabled
- 21 May 2026
- Answer due by
- 8 June 2026
- Answered
- 29 May 20268 days after tabling
- Department
- Department of Justice
- Priority question
- No
Answer
In terms of financial effects, it is my intention and expectation that the Criminal Justice (Sentencing Etc.) Bill as a whole will primarily be delivered within existing resources.
Certain provisions in the bill have the potential to result in longer custodial sentences being imposed in relation to particular offences:
In Part 6, the new offence of assaulting a public worker will carry a maximum sentence on summary conviction of 12 months, whereas the current maximum for equivalent offences is 6 months. This increase may result in longer sentences being imposed where immediate custody is considered necessary, in cases prosecuted in the magistrates’ courts.
Part 7, which provides for increases in the maximum penalties for offences of causing death by driving, is expected to result in longer custodial sentences being imposed. Given the small numbers of convictions for death by driving offences, it is not anticipated that these changes will have a discernible impact on the prison population.
The expansion of unduly lenient sentence arrangements to all sentences imposed in the Crown Court may result in a small number of increased sentences being imposed. Due to the very small anticipated increase in referrals this change is not expected to impact more than nominally on the prison population overall
By contrast, the following provisions may result in shorter custodial periods:
Part 2, which provides a power for the court to include community requirements with suspended sentences, has the potential to slightly reduce the number of immediate custodial sentences imposed.
Part 5, which introduces ‘Charlotte’s Law’, may lead to reductions in custodial periods where killers disclose information about how or where their victim’s remains were disposed of.
I continue to highlight the Resource and Capital pressures faced by the DoJ in light of the Draft Budget allocations. These pressures include those of NI Prison Service, and I have continued to emphasise that extremely difficult decisions on prioritisation and service provision will be required. My officials and I continue to advocate for additional funding to ensure we have a Justice sector, including NIPS, that is funded appropriately both now and in the future.