Councillor Nuala McLernon Sinn Féin has spoken of the importance of ensuring that Mid Ulster District Council fully takes part in a consultation exercise on proposals to increase sentences, in relation to vulnerable children and adults being harmed or killed.
The Department of Justice (DoJ) is proposing to increase the existing maximum sentences for the offence of causing or allowing a child, or vulnerable adult, to die or suffer serious physical harm.
The proposed change in the legislation was summarised as follows in a DoJ report seeking input from Mid Ulster District Council.
Councillor Nuala McLernon said: “The offence of ‘causing or allowing a child or vulnerable adult to die or suffer serious physical harm’, was enacted to deal with the situation where it is clear that one of a limited number of members of the household was responsible for the death or serious harm of a child or vulnerable adult (and there was no evidence that they acted jointly), but there is insufficient evidence to point to the particular person responsible.
“The effect of the offence is that, in such cases, all individuals can be charged.
“The offence can also be used where one person caused the death or serious harm, and another allowed it by failing to act to prevent it, when they had a duty to protect the victim from harm.
“In such cases, both individuals can be charged.
“In Northern Ireland the maximum penalty is 14 years’ imprisonment for death, or 10 years for serious physical harm.
“The consultation seeks views on whether the current maximum sentences provide the court with sufficient powers to deal with these offences, or whether the sentences should be increased.
“The Department is proposing that these maximum sentences should be increased.
“In respect of causing or allowing a child or vulnerable adult to die, we propose that the maximum sentence should be increased from the current 14 years maximum to life imprisonment.
“This would give the courts the powers to impose a minimum custodial period, before a person would be eligible for consideration for release from prison.
“When the person was released, they would be on licence for the remainder of their life.
“In respect of causing or allowing a child or vulnerable adult to suffer serious physical harm, we propose that the maximum sentence should be increased from the current 10 years maximum to 14 years.
“The Department is seeking views on whether these proposed new maximum sentences are appropriate, and whether they would provide the court with sufficient powers to deal with these offences.
“We believe these changes would help to reflect the seriousness of the offence, under which a child or vulnerable adult would have died or suffered serious physical harm, due to neglect or abuse.
“Longer potential sentences could act as a stronger incentive for carers or household members, making them more likely to act when they suspect abuse or danger.
“It may encourage people to report concerns earlier, knowing the consequences of failing to do so could be severe, if the child or vulnerable adult were to then die or suffer serious physical harm.
“Raising the maximum sentence available would allow courts to tailor sentences more effectively, to reflect different levels of culpability.”
The deadline for responses was August 13 – something that Councillor McLernon remarked upon at the July 24 monthly meeting of Mid Ulster District Council.
Referring to the consultation exercise, the Torrent DEA representative said: “I appreciate the closing date for responses is [August 13], but I think it would be remiss of me not to ask our council to respond to this consultation, as it’s important to respond on behalf of our community.”
