Senior judge to review 'trial of the facts' mechanism used when accused unfit to face courts
A senior judge is set to review the current law around the ‘trial of facts’ system used in Northern Ireland.
Sir John Gillen will look at the law and procedures on unfitness to plead and trial of facts.
His review is set to examine whether a conventional criminal trial should remain possible if an individual becomes fit to plead.
It will also look at whether sex offender notification requirements and other safeguarding measures should apply following findings involving acts that would otherwise constitute serious sexual offences.
The announcement comes after a recent high-profile trial of the fact afforded to former DUP leader Jeffrey Donaldson’s wife Eleanor, who was found unfit to stand trial while her husband was convicted of child sex abuse.
The review was announced on Tuesday by Justice Minister Naomi Long and Health Minister Robbie Butler following a “commitment in recognition of the recent public concern and interest in the legal and procedural framework”.
Sir John is to provide an interim report by February 2027, with a final report to follow in spring 2027.
He previously carried out a major review into how sexual offences are handled in the Northern Ireland courts system and made 250 recommendations in 2019.
Commenting ahead of the review, Sir John said: “The prejudice of being human is the requirement to reflect.
“Hence the law requires constant revision over time if it is to retain the confidence of the public.
“It is a privilege to have been invited to exercise this function on an issue which currently commands so much public attention.”
Ms Long said it is “absolutely vital that justice is served and that it is seen to be served”.
“I am very pleased that Sir John has agreed to carry out this review. His review on the law and procedures in serious sexual offences was a landmark report and has led to consequential and lasting reform,” she said.
“I know that Sir John will conduct a meticulous examination of the law and procedures on trials of fact, and that he will have particular care for the views and experiences of victims.”
Mr Butler added: “This is a very important and complex issue spanning multiple areas including mental health, capacity, public protection, as well as the effective administration of justice.
“This review will provide an opportunity to assess whether existing arrangements remain appropriate and effective, while ensuring that the interests of victims, public protection, wider society and defendants are properly balanced.”
Ulster Unionist Party leader Jon Burrows welcomed the senior judge’s post in the review.
“This is the right appointment,” he said. “Sir John’s review of serious sexual offences was a landmark piece of work that led to real change in the law, and there is nobody in Northern Ireland with a stronger record of getting recommendations off the page and onto the statute book.
“I wrote to both ministers in July asking for this review because public confidence in how these cases are handled had been badly shaken. They listened, and they have put a serious figure in charge of it.”