The deputy Director of Public Prosecutions has given qualified support to key parts of a proposed Sentencing Bill, backing the extension of the unduly lenient sentence scheme to all Crown Court cases while warning that plans to define victim vulnerability could complicate trials.

Currently, only specified serious offences allow the prosecution to appeal sentences as unduly lenient. The Bill, introduced by Justice Minister Naomi Long, would widen this to any sentence handed down by a Crown Court. Michael Agnew indicated he is supportive of this change.

However, Mr Agnew criticised separate provisions that would require courts to treat a victim’s vulnerability as a statutory aggravating factor. Under the Bill, if a victim is under 18 or has a significantly impaired ability to protect themselves due to disability, illness or age, and the offender knew or should have known this, the court would have to increase the sentence.

He argued that vulnerability is subjective and some victims resist being labelled as such. The new requirement could discourage early guilty pleas because defendants are less likely to admit an aggravator, leading to more contested hearings. He also said proving the aggravator creates a high threshold that may be difficult to satisfy.

He noted that judges already have flexibility to consider vulnerability when sentencing and that formalising it could add complexity without improving outcomes. Additionally, juries would have to decide on vulnerability in addition to guilt, complicating their task.

At present, the unduly lenient sentence scheme applies to offences including murder, manslaughter, rape and other serious crimes. The Bill is proceeding through the Assembly.