Feetham proposes amendments to regulate bail for child sex offences

The Minister for Justice, Nigel Feetham, has proposed a set of amendments to the Prison (Amendment) Bill 2026 to regulate the granting of bail in child sex offences.

Mr Feetham has written to the Speaker of Parliament with the set of amendments, which introduce changes to the Criminal Procedure and Evidence Act 2011 in relation to the treatment of individuals convicted of certain child sex offences.

The main amendment is the introduction of a new section regulating bail following conviction for specified offences.

In cases where individuals aged 18 or over who have been convicted of certain specified offences, but whose sentencing has been adjourned, bail will only be permitted where the court is satisfied that there is no real prospect of a custodial sentence, or exceptional circumstances exist that justify release.

The burden of proof will rest firmly on the convicted individual, the Government said, adding that routine personal or financial considerations, such as arranging affairs, will not qualify as exceptional circumstances.

Under the proposed amendments the court will also be required to provide clear, reasoned decisions in open court when granting bail in such cases.

The amendments would also change the applicability of the regime included in the Prison (Amendment) Bill 2026 with respect to parole eligibility.

Those provisions will apply to “sentences imposed by a court on a person” after the date of commencement as opposed to “persons convicted of an offence” after the date of commencement.

“The reforms to the bail system are designed to address the critical period between conviction and sentencing,” the Minister for Justice, Nigel Feetham, said.

“By limiting the availability of bail in such cases and imposing stricter evidential thresholds, the amendments aim to reduce the likelihood of reoffending while awaiting sentence in cases involving children.”

“While the amendments introduce more stringent controls, they preserve judicial discretion subject to clearly defined safeguards and reasoning requirements.”

The proposals were developed by the Ministry of Justice following consultation with stakeholders including the Director of Public Prosecutions and the Attorney General, and have been informed by advice from the Government Law Offices.