Agreement Reached in the Multi-Party Negotiations - Transitional ...

The Implementation Plan Update, 2003 noted that the PSNI, the Court Service 204 and the
Northern Ireland Prison Service were taking measures to recruit under-represented groups.
With regard to the Police Service of Northern Ireland (PSNI) it noted: ‘PSNI has
launched a number of competitions based on the 50/50 community basis recommended in
Patten’. However, this 50/50 community basis refers to Catholic/Nationalist underrepresentation
rather than the under-representation of women.
On religious and gender balance in the office of the Director of Public Prosecutions the
Review held that ‘the religious and gender balance is reasonably reflective of that in the
community.’ However, what standard is applied regarding balance is not clear. ‘External
recruitment of new staff should be subject to open competition, in accordance with fair
employment and equal opportunities best practice.’ 205 The Public Prosecution Service
applies Section 75, 206 with the exception of functions relating to the prosecution of
offences.
The Probation Board Northern Ireland has introduced monitoring of its staff across
eight of the nine categories listed under section 75 (omitting political opinion) and has
carried out a pilot project monitoring 100 offenders using the same form.
The Northern Ireland Prison Service has trained staff in section 75 responsibilities. The
Prison Service maintains that it ‘continues to work towards a balanced workforce, though
what is possible will be limited by the opportunities available for recruitment.’ 207
The Review takes a conservative approach to Section 75, which describes the statutory
duty of public bodies 'to have due regard to the need to promote equality of opportunity'
and considers the section only in regard to employment within the criminal justice
agencies. The law, however, is broader and refers to promoting equality of opportunity
across the 'functions' of a public body.
8.3.2 Other Stakeholders in the Criminal Justice System 208
Victims
• Four out of five sexual crimes are committed against females
• Almost 90% of incidents of domestic violence involve female victims (a 150%
increase across the 1995 – 2000 period may be related to an increased
propensity to report).
The Review Group noted that ‘Some women described the experience of being in court as
being in an unsympathetic environment.’ 209 Women’s negative experience of the criminal
justice system is well documented, especially with regard to prison, or reporting and
pursuing gender specific crimes such as rape or domestic violence.
Fear of Crime
204 The Northern Ireland Court Service has produced: An Employment Equality Plan for the Northern
Ireland Court Service 2004-2006 in response to the recommendation for a more reflective workforce
205 Criminal Justice Review, para.4.180
206 Public Prosecution Service: Section 38 of the Justice (Northern Ireland) Act 2002
207 Implementation Plan Update, 2003
208 Northern Ireland Office, Gender and the Northern Ireland Criminal Justice System, 2002
209 Ibid. para 3.35
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