Bail system 'out of step with other jurisdictions'

A watchdog has called for reform of the bail system in Northern Ireland, which has one of the highest rates in Europe for remanding people in to custody.

About 40% of the jail population, 550 prisoners, were held on remand last year while awaiting the outcomes of cases.

The Criminal Justice Inspectorate (CJI) said the bail system was "out of step" with neighbouring jurisdictions.

The need for change was recognised a decade ago but has not been acted upon.

The CJI examined bail and remand arrangements last year and published a report on Wednesday.

Four types of bail are used by the police and court system, spanning the period during which an individual is under investigation, through to awaiting sentence if charged and convicted.

This can sometimes involve someone being remanded in custody to prison, particularly when a serious offence is involved.

The report states that Northern Ireland's 40% remand population is more than twice that of England and Wales, where it is 16%.

It quoted a recent equivalent figure for the Republic of Ireland of 20%.

There is no maximum time that prisoners can spend on remand in Northern Ireland in contrast to the rest of the UK.

The CJI's chief inspector, Jacqui Durkin, said: "Bail and remand are essential parts of the justice system, balancing the needs of victims and witnesses and the safety of the public, with the rights of defendants to a fair trial and their cases being dealt with in a reasonable time."

But she added the situation is going "hand in hand" with delays in the justice system.

"Prosecutor and defence time and costs are spent dealing with recurring bail and remand hearings," she said.

"At the same time our prisons are dealing with high numbers of men and women, neither convicted nor sentenced, some who are with them for long periods, while others are in and out in a few days if they get bail.

"Victims are left waiting and too often are not kept informed of changes made to bail conditions or case progress."

The CJI called for movement on a long-standing proposal to introduce a Bail Act for Northern Ireland to provide greater levels of consistency and certainty around bail law.

'We fall further behind'

It said this was first recommended 10 years ago.

"We accept there have been competing legislative priorities and three years without an Assembly in the intervening 10 years," Ms Durkin said.

"Another decade cannot slip by as we fall yet further behind other jurisdictions and opportunities to improve the criminal justice system in Northern Ireland are lost.

"We recommend the Department of Justice should undertake a public consultation to inform the legislative programme in the next Northern Ireland Assembly mandate."

As a stop-gap measure, the CJI called on the Public Prosecution Service for Northern Ireland to update its legal guidance on bail decisions "to assist prosecutors, police, service users and the wider public".