Review of trials of the facts mechanism to be launched
Two Stormont departments are set to launch a joint independent review of the trials of the facts mechanism
It comes after Eleanor Donaldson, the wife of disgraced DUP leader Jeffrey Donaldson who was convicted of child sex offences earlier this year, was found unfit to stand trial on mental health grounds.
She instead had a trial of the facts at Newry Crown Court while her husband had a full trial, with the jury asked to determine if she committed the offences, but she could not be found guilty or jailed.
Justice Minister Naomi Long and Health Minister Robbie Butler are expected to appoint an external reviewer for the process planned to start this autumn and report back before the end of the current Assembly term next May.
UUP leader Jon Burrows said he secured the commitment from the ministers after writing to them both in July urging a review to be ordered.
He described “real and legitimate public concern” about how trials of the facts operate in Northern Ireland.
The former senior police officer said: “That concern has been building for some time. The recent high-profile case brought it to a head.
“The question people are asking is a simple one. Does this procedure strike the right balance between protecting the public, meeting the needs of victims and serving the wider public interest? Many people no longer believe that it does.”
Mr Burrows said 60 trials of the facts have taken place in Northern Ireland between 2020 and 2025.
He added: “There is now a significant public interest in reviewing this area of law and practice.
“As a former police officer, I have seen what happens to public confidence when people conclude that the system is not working for victims. Once that confidence is lost it is very hard to win back.
“This review is an opportunity to restore it and I want it to succeed.
“I will be pressing for terms of reference that are published and broad, for victims’ groups and families to be consulted directly, and for a timetable that allows recommendations to be acted on rather than handed over as unfinished business.”
The two departments have been contacted for a response.