Publications

NIHRC Submission to the Committee for Justice’s Call for Evidence on the Criminal Justice (Sentencing etc) Bill

Date produced: May 2026

Summary recommendations/messages

The NIHRC recommends that:

2.13    the Committee for Justice brings forward an amendment to Clause 33(4) of the Criminal Justice (Sentencing etc) Bill, to include a comprehensive definition of hate crime to ensure prevention, prohibition, and remedy of all forms of hate crime. This definition should encompass bias, hostility, prejudice, bigotry, and contempt. Furthermore, the Committee may consider recommending that Clause 33 provides for statutory guidance to clarify the practical application of each element of the definition.

2.22    the Committee for Justice seeks assurance from the Department of Justice that it has considered fully whether the third threshold of “by reason of” under Clause 33(2) will limit the effectiveness of this legislation. In particular the Department should ensure that the legislation reflects fully the harm done to victims and their communities by offending based on immutable characteristics or identities. The NIHRC doubts whether the legislation will be effective and recommends additional scrutiny to satisfy the requirements in law and in practice.

2.23    the Committee for Justice seeks clarification from the Department of Justice as to why a “by reason of” threshold was included under Clause 36 of the Bill and not Clause 33. The Committee should seek assurances from the Department that this distinction will not create a discrepancy in protections between victims under Clause 33 and Clause 36.

2.32    the Committee for Justice ensures that the proposed grounds for aggravation by hostility under Clause 33(1)(a)-(d) are as comprehensive as possible, to ensure that all protected characteristics are recognised within the law and protected in practice.

2.38    the Committee for Justice seeks clarity from the Department of Justice that hostility motivated by sectarianism is protected under the existing grounds of racial group and/or religious group. The Committee may also wish to suggest that the Department, working with the NI Executive, considers introducing a statutory definition of sectarianism that is sufficiently clear.

2.46    the Committee for Justice introduces an amendment to include sex as a protected characteristic under Clause 33(1) of the Criminal Justice (Sentencing etc) Bill.

2.57    the Committee for Justice introduces an amendment to Clause 33(1) of the Criminal Justice (Sentencing etc) Bill to ensure that gender identity is protected under hate crime legislation. This should be informed by consultation with affected individuals and their representative organisations.

3.6    the Committee for Justice seeks assurance from the Department of Justice that data emanating from Clause 34 of the proposed Bill will be incorporated into publicly available court statistics to systematically report on anonymised, disaggregated data on cases involving aggravation by hostility. This should also cover cases where such elements were discontinued or not proven in Court.

3.7    the Committee for Justice seeks assurance from the Department of Justice that it intends to regularly review hate crime provisions. These review periods should involve all affected groups, particularly victims, to ensure these measures remain effective throughout the criminal justice process, from reporting to sentencing.

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