27 March 2025
The Children’s Law Centre (CLC) has presented evidence to the Northern Ireland Assembly Committee for Justice, calling for critical amendments to the Justice Bill to ensure that children’s rights are fully protected within the justice system.
In a written submission, CLC called for two key amendments to implement long overdue children’s rights safeguards. The submission then looks at clause by clause detail on part 2 of the Bill, relating to bail, remand and custody arrangements for children.
Key Amendments Urged by CLC
CLC’s evidence highlights two priority areas requiring amendments:
- Raising the Age of Criminal Responsibility – Northern Ireland’s current age of criminal responsibility remains one of the lowest in the world at just 10 years old. CLC strongly advocates for this to be raised to 16, aligning with international human rights standards and ensuring a child centred approach to justice.
- Ending the Legal Defence of ‘Reasonable Punishment’ – The Bill presents an opportunity to remove the outdated defence of ‘reasonable punishment’ in respect of common assault in the home. CLC argues that children should have the same legal protections from violence as adults, in line with the United Nations Convention on the Rights of the Child (UNCRC).
Failing Children in Need: Bail and Accommodation Issues
Beyond these critical amendments, the CLC submission also highlights serious failings in the current system regarding bail and accommodation:
- Children Held in Custody Due to Lack of Accommodation – The evidence outlines cases where children granted bail remain in custody for extended periods due to the failure of Health Trust’s to provide children with a bail address. This violates their rights and may result in them spending longer in custody than if they had been given a custodial determination.
- Children with Additional Needs and Vulnerabilities – The evidence highlights instances where children with additional needs and vulnerabilities are placed in unsuitable settings where their needs are not met. This can result in inappropriate police intervention and children without capacity being placed in justice settings.
- Flawed Bail Provisions – The Bill fails to properly safeguard children’s rights when bail conditions are set. CLC argues, in line with children’s rights standards, that there should be a presumption of bail without conditions for children.
CLC Urges Immediate Action
Ahead of presenting to the committee, Fergal McFerran, Policy and Public Affairs Manager at CLC, said:
“The Justice Bill represents a vital opportunity to bring Northern Ireland’s youth justice system up to date with ongoing best practice, and in line with international human rights standards. However, without critical amendments, it risks failing the most vulnerable children in our society. No child should be criminalised at ten years old, nor should a child remain in custody simply because they have nowhere else to go.
“The Bill also provides an opportunity to finally grant children the same protection from violence to that afforded to adults. MLA’s cannot miss this opportunity to join the many other jurisdictions across the world who have ended corporal punishment for children in all settings.”
CLC calls on MLAs to act decisively and ensure that the Bill prioritises children’s rights and best interests. The organisation will continue to engage with the Committee for Justice and a wide range of MLAs as the Bill progresses, including further commentary on other parts of the Bill as introduced in due course.
