Written question asked by Lord Bannside (Democratic Unionist Party) on Friday, 18 February 2005, in the House of Commons. It was due for an answer on Thursday, 24 February 2005. It was answered by Lord Spellar (Labour) on Thursday, 24 February 2005 on behalf of the Northern Ireland Office.

Northern Ireland Office

Question: To ask the Secretary of State for Northern Ireland, whether offences proscribed in Part II of the draft Criminal Justice (Evidence) (Northern Ireland) Order 2004 will include offences committed in respect of children aged 17 years.

Answer: Rev. Ian Paisley: To ask the Secretary of State for Northern Ireland whether offences proscribed in Part II of the draft Criminal Justice (Evidence) (Northern Ireland) Order 2004 will include offences committed in respect of children aged 17 years. [217607] Mr. Spellar: The Criminal Justice Evidence (Northern Ireland) Order 2004 provides the Secretary of State for Northern Ireland with a power to prescribe categories of offences which are `of the same type' for use as an indicator that a defendant has a propensity to commit offences of a certain type. The draft proposed Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2005 proposes two such categories of offences: Part I deals with offences of theft; Part II deals with sexual offences against persons aged under the age of 17. While Part II of the draft Order focuses on children aged under 17, any relevant previous conviction-- including those committed against persons aged 17 or over--may be admissible at trial even when no relevant category of offences has been introduced. Both Part I and Part II categories are intended as a guide to the judiciary. Nor does the absence of categories for other types of offences prevent previous convictions from being admitted if they demonstrate a propensity to commit a certain type of offence. Further categories may be introduced at a later date.

Secondary information