Agenda item

            The Committee was reminded that, on 3 March 2026, the Justice Minister had introduced a draft Criminal Justice (Sentencing etc) Bill. The Bill was in response to a review that was undertaken by the Department of Justice in respect of sentencing in criminal matters in Northern Ireland.

            It was reported that, as a result of the review, the Department had identified a number of areas that needed to be addressed, one such area was the need to legislate for a new offence of assaulting a public worker.

            The City Solicitor highlighted that the new offence was very important to the Council as it was the first time that there was a differentiation in the legislation acknowledging public workers. The proposed offence identified the vital role that public workers, whether employed or engaged, have to ensure the delivery of public services and that all public workers should be able to carry out their functions without fear of violence, abuse or intimidation.

            The proposed Bill included the new offence at clause 37, assault of a public worker who was exercising one of their functions. The public worker can either be paid or unpaid and was defined as someone employed or engaged to a) provide a service to the public, b) perform a public duty, or c) deliver a public service.

            Clause 37 would deal with assaults that would fall within the threshold of common assault but under the new offence there was a higher sentencing maximum of 12 months custodial sentence as opposed to 6 months for common assault. Under the proposed Bill, assaults on public workers would be deemed to be indictable triable summarily offences and therefore were not subject to a summary only time limit of 6 months from the date of the offence for a prosecution to be laid before the court.

            It was reported that the draft Bill made provisions for an allegation of aggravation by reason of being committed against a public worker to be specified alongside a charge of a specified offence. If the offence and the allegation are proven, then the court must specify so and record the aggravation in the conviction.

            Any offender that was convicted and their offending was accepted to be aggravated by the fact that it was on a public worker would result in the seriousness of the offence being increased and this should be acknowledged by the sentencing court when sentencing the offender by explaining how this aggravation had affected the sentence imposed.

            The proposed offence of assault on a public worker and the provision for aggravation where an offence was committed against public workers were welcomed steps for the protection of public sector workers, including Council staff.

            The Council employs over 2000 workers that were required to deliver a wide range of public services on a daily basis, and the proposed legislation, if enacted, would only serve to strengthen the Council’s zero tolerance approach to assaults on staff whilst the increase in sentencing powers would act as a further deterrent to any potential offenders.

            The City Solicitor advised that submissions had been drafted for consideration in response to the Bill in relation to Part 6, draft Clauses 37-39 in respect of assault on public workers. She also highlighted that the provision within the Bill on aggravated events where the person was vulnerable should also be commended.

            During discussion, one Member questioned the potential for the powers to include the seizure of illegal e-scooters. The City Solicitor advised that this would be reviewed. 

            After discussion, the Committee:

·         Approved the draft submission (Appendix 2), as the Council’s formal response.

·         Endorsed the Council commending the provision within the Bill on aggravated events where the person is vulnerable.

·         In relation to the potential of the Justice Bill to grant statutory powers to seize illegal e-scooters, the Committee delegated authority to the City Solicitor to include in the aforementioned response, if appropriate.