Justice Bill Briefing March 2025

The Northern Ireland Commissioner for Children and Young People (NICCY) welcomes the proposed changes made in the Justice Bill and recognises that, if enacted, it could be an important step towards a more child rights-compliant justice system. NICCY are clear: the Bill does not go far enough. Real change for children and young people in Northern Ireland requires bold legislative action, addressing systematic issues, not just incremental reform.

On 27 March 2025, the Commissioner, Chris Quinn; Joanne McGurk, Head of Legal and Investigations; and Rachel Woods, Senior Policy and Research Officer, provided detailed evidence to the Committee for Justice, outlining support for key provisions and recommendations for strengthening the Bill in line with international children’s rights standards.

Commissioner Chris Quinn said: “We acknowledge and appreciate that the Bill modernises elements of the justice framework and introduces welcome measures in youth justice, including protections around bail, remand, and the separation of children from adults.

“We also support the shift away from indefinite retention regimes for DNA and biometric data. However, we remain concerned that the principles of proportionality, necessity, and the best interests of the child are not yet embedded strongly enough in the Bill’s provisions and encourage further reforms.”

Key Calls for Government
NICCY calls on MLAs to take urgent action in the following areas to ensure this Bill delivers a justice system that respects, protects, and meets children’s rights:

1. Raise the Minimum Age of Criminal Responsibility (MACR)
The current MACR in NI is just 10 years old – one of the lowest in Europe. This is a clear breach of international standards and runs counter to scientific understanding of child development. The UN Committee on the Rights of the Child has repeatedly called for the UK, including Northern Ireland, to raise the MACR. NICCY urges the Committee to adopt our proposed amendment and raise the age to 16 without delay.

No child should be criminalised before they are developmentally capable of fully understanding their actions and the consequences. In raising MACR, clear and robust child-centred processes must be established to ensure appropriate, welfare-based interventions are in place, and in cases where serious crimes are committed, these should be addressed through specialised, multidisciplinary responses focused on rehabilitation, protection, and public safety.

2. Ensure Equal Protection from Assault
It is unacceptable that, in 2025, children in NI still do not have the same legal protection from physical assault as adults. This violates their fundamental rights and lags far behind neighbouring jurisdictions, including Scotland and the Republic of Ireland. Despite repeated recommendations from the UN Committee, legislative progress on this matter has stalled and previous opportunities missed.

NICCY urges the Committee of Justice and MLAs to address this issue within the Justice Bill and ensure children are protected from all forms of physical punishment in law as a matter of urgency. Furthermore, we urge the Executive to develop, publish and resource a Family and Parenting Strategy for NI.

3. Limit the Retention of Children’s DNA and Biometrics
While recognising the role of DNA and biometric evidence in criminal investigations, we emphasise that retention policies must be guided by strict necessity, proportionality, and the best interests of the child. We have significant concerns regarding the ‘75/50/25’ model, especially its application to children involved in diversionary or restorative justice processes.

We also call for a statutory review process when a young person reaches 18, including an application mechanism to ensure a fair opportunity for a fresh start. It is of concern proposals to retain data for persons, including children, who have been arrested but never charged. We wish to ensure that children have access to appropriate information regarding their data.

4. Respect Children’s Rights in Use of Live Links
The use of live links in criminal proceedings must never undermine a child’s right to a fair trial. While there are benefits for victims and vulnerable witnesses, any expansion must be accompanied by strong safeguards, informed consent, and age-appropriate guidance.

Appearances before a judge are a vital safeguard for liberty, and care must be taken to ensure children understand and can meaningfully participate in proceedings. They must not become the ‘norm.’

5. Ban Spit and Bite Guards on Children
NICCY continues to oppose the use of spit and bite guards on children. Despite recommendations from bodies including the UN Committee, the Police Ombudsman NI and rights organisations, these devices remain in use by the PSNI.

The presumption against their use is insufficient. Only a legislative ban will ensure children are not subjected to these practices.

6. Close The Gaps: Abuse of Trust & Minors’ Settlements
The Justice Bill should also address gaps in protection related to abuse of trust, particularly in extracurricular settings not currently covered by existing legislation. This refers to situations where an adult in a position of authority or responsibility over a child exploits that position to engage in inappropriate behaviour. NICCY, like the UN Committee, recommends that where there is an imbalance of power, and the child is vulnerable due to the trust placed in the adult, stronger protections must be in place.

NICCY considers that legislation on Minors ‘Out of Court’ settlements is required to afford protection for children. This means that funds would be managed under the direction of the court, until the child reaches the age of 18, closes the lacuna that currently exists.

Putting Children First
While the Justice Bill lays important foundations, the work is far from finished. NICCY calls on the NI Executive and all MLAs to show leadership, listen to the voices of young people, and take the opportunities to reflect children’s rights as outlined in the United Nations Convention on the Rights of the Child (UNCRC), in the absence of full incorporation in domestic law.

Rachel Woods, Senior Policy and Research Officer, and NICCY lead on justice, said:

“The Justice Bill is a step forward, but let’s be clear – it still fails to meet the standards set out by the UNCRC and the repeated Concluding Observations calling for real reform in youth justice. Children in NI continue to face criminalisation at one of the youngest ages in Europe, and the lack of equal protection from assault is a national disgrace.

“We need a justice system that puts children’s rights first, not one that continues to ignore international law.”

We stand ready to support the Committee, government, and civil society in making the necessary legislative and policy changes to protect and uphold the rights of all children and young people in NI.

Download the full briefing and NICCY’s key recommendations on the right-hand side of this page.