Public opinion is being sought on proposals designed to modernise the island’s approach to criminal justice, sentencing and the management of offenders.
A consultation exercise waslaunched this week by the Department of Home Affairs and asks for people’s views on three draft Bills:
Criminal Justice, Police and Courts (Amendment) Bill
Diversion of Offenders and Domestic Abuse Bill
Council of Ministers (Amendment) Bill
The Bills represent the first in a series aimed at updating Manx law in response to the Criminal Justice Strategy, which aims to reflect more accurately ’the needs of modern society and increasing the use of technology to create a more efficient system’.
One of the core objectives of the strategy is to see fewer people entering the criminal justice system, cutting the number going through the courts and of reoffending, and providing an effective service to victims.
The Diversion of Offenders and Domestic Abuse Bill makes provision for the wider use of interventions such as cautions, anti-social behaviour orders and immediate financial penalties.
The second part of the Bill addresses domestic abuse.
Contained within it are additional powers to enable police to address issues of immediate threat through the use of domestic violence prevention orders.
The consultation documents ask for feedback on these proposals as well as definitions around coercive and controlling behaviour and whether guidance issued by the department should be taken into account by a court when trying a domestic abuse case or sentencing a person in the event of a conviction.
The Criminal Justice, Police and Courts (Amendment) Bill makes provision for the use of live video links in the sentencing of offenders, offers police the power to grant bail with certain conditions attached and covers the issue of unpaid fixed penalty notices. The Bill also seeks to place the Criminal Justice Board on a statutory footing.
Proposals contained within the Council of Ministers (Amendment) Bill place the Council of Ministers’ role in upholding the independence of the judiciary and the rule of law on a statutory basis.
Home Affairs Minister Bill Malarkey MHK said: ’Modernising the criminal justice system is a firm commitment of the current administration and I am proud of the hard work undertaken by the legislation team and the department’s [political] members in getting us to the consultation stage.
’It’s appropriate at this point to pay tribute to the work of charities and agencies in respect of the legislation relating to domestic abuse - the Women’s Refuge has played a key role in supporting victims over nearly three decades. I am grateful for the work undertaken by Victim Support and recognise how 3S has contributed and helped raise the profile of domestic abuse more recently.’
He added: ’Consultation plays an important role in developing the Bills and I encourage residents to engage with the process, particularly legal professionals, those involved in delivering criminal justice services and people working with victims of domestic abuse.’
The consultation and associated documents, which may be downloaded, can be found by visiting the Isle of Man Government’s consultation hub.
It will run for eight weeks and conclude on August 20.