Northern Ireland's senior judge criticised the media yesterday over what he described as irresponsible reporting of the work of the courts.
The Lord Chief Justice, Sir Brian Kerr, said in the High Court in Belfast: "Too often commentary is made, particularly about the level of sentences, which is not based on a proper understanding of the difficulties that attend the sentencing of offenders or on any analysis of actual sentencing trends."
Sir Brian, who was addressing new barristers at the opening of the new legal year, went on: "Newspaper articles cross my desk at regular intervals in which either the editors voice their own views or the views of other public figures are recorded about sentencing levels in this jurisdiction.
"The single distinguishing feature that is common to virtually all of these comments is the absence of analysis of available data. It is unsurprising that, in consequence, a wholly misleading picture is created in the minds of the public.
"The consequence of less than fully informed and balanced reporting is an erosion of public confidence in the administration of criminal justice.
"And that is why newspaper editors, producers in the broadcast media and other public figures, who are moved to make statements either about individual judicial decisions or about sentencing levels generally in Northern Ireland, have a clear duty to ensure that they do so on the basis of correct and authoritative information."
Sir Brian referred to the number of cases referred to the court of appeal by the attorney general where he believed an unduly lenient sentence had been passed.
A newspaper applied for details under the Freedom of Information Act and this was provided as a result of much careful research and effort.
"It disclosed that the number of references represented a tiny fraction of the more than 1,000 cases that are dealt with each year in the crown court and that by no means all of the sentences in that tiny fraction were increased," said the chief justice.
"The headline that it prompted, however, did little to reflect the care that had been devoted to its preparation. It ran as follows: 'Five killer drivers, six sex beasts, three robbers, etc . . . are among 21 criminals allowed to walk free from Ulster's courts despite convictions.'
"Only in the penultimate paragraph of this 'exclusive' report did the journalist deign to refer to the fact that the attorney general referred to the court of appeal only half of 1 per cent of the cases dealt with in the crown court each year since 2000.
"There was no further comment on this important information. There was no discussion of the difficulties faced by judges in carrying out the sentencing exercise; of the requirement to look at all the circumstances of an individual case; to take into account whether there was a plea of guilty; when such a plea was entered; the age of the defendant; his or her record; whether violence was used; the advice of professional experts; views of the victim; guideline cases; the applicable legislation; and any number of other factors," Sir Brian said.