close
close

Individuals charged with disorderly conduct or incitement can be held in pre-trial detention for months, in stark contrast to the swift trials and sentencing in England

Individuals charged with disorderly conduct or incitement can be held in pre-trial detention for months, in stark contrast to the swift trials and sentencing in England

Individuals charged in connection with disorder linked to anti-immigration protests in Northern Ireland could spend months in pre-trial detention.

Nearly two dozen people appeared in court accused of either direct involvement in street disorder or inciting violence online.

All but one who appeared before District Court judges were denied bail. In total, 29 people were charged with offences.

Although their lawyers are quick to apply for bail at the High Court, if the application is refused and they contest the charges they could spend up to nine months in pre-trial detention, legal experts said.

The system is in stark contrast to what is happening in England and Wales, where many involved in the disorder have been charged and sentenced within days.

Both jurisdictions have an expedited prosecution process that is not part of the northern court system.

Serious rioting took place on Saturday night into Sunday morning in the Donegall Road/Sandy Row area of ​​south Belfast last weekend. (Alan Lewis – Fotopress Belfast/Fotopress Belfast)

The swift prosecution and long sentences, including a total of 38 months, half of which were served in prison, for one man for reposting a tweet, are seen by many as a strong deterrent.

Prime Minister Sir Keir Starmer told the UK’s emergency response Cobra that there was “no doubt” the swift sentencing had acted as a deterrent to further rioting, the BBC reported.



However, in the north it can take months for defendants to be tried or sentenced, particularly as many may be prosecuted in the Crown Court.

Around two dozen people appeared before the courts accused of being linked to the riots and disorders, as well as incitement (Liam McBurney/PA)

Stephen Herron, Director of Public Prosecutions, said: “We at the PPS strongly condemn the recent violent disorder, which is having a devastating impact on people and communities.

“As police investigations continue, we are engaging closely with the Police Service of Northern Ireland in relation to these cases. Due to the ongoing nature of the disorder, a team of prosecutors has been formed to provide prosecutorial advice to the police and support them in building cases that can be directed and dealt with in the Courts as quickly as possible.”

District Judge Mark Hamill suggested on Saturday that those involved in “racially motivated disturbances” should eventually be brought before the Crown Court.

A prosecutor told Belfast Magistrates’ Court that no decision had yet been made by the Public Prosecution Service (PPS) on whether they would be dealt with at the high court.

Judge Hamill noted: “If there is racially aggravated disorderly behaviour, that will be a Crown Court case all day long.”

The North has a much higher percentage of prisoners on remand than Britain, with around 40% at any one time, out of a total that has jumped to almost 2,000 in recent years.

According to figures released earlier this year by the Department of Justice, of the 1,255 prisoners at Maghaberry, 594, or 47 per cent, were on remand.

In March, 37% of all prisoners were on remand, compared with 23% in Scotland and 19% in England and Wales.