Closed consultation

Consultation launched on the use of non-jury trials in Northern Ireland

This was published under the 2022 to 2024 Sunak Conservative government

Applies to Northern Ireland

We are analysing your feedback

Visit this page again soon to download the outcome to this public feedback.

Summary

Today the Northern Ireland Office has launched a public consultation on whether to renew the legislative provisions underpinning the use of non-jury trials in Northern Ireland, until July 2025.

This consultation ran from
to

Consultation description

Due to the ongoing threat from terrorism and the persistence of paramilitary activity in Northern Ireland, non-jury trials have been necessary for a small number of exceptional cases.

The Justice and Security (Northern Ireland) Act 2007 allows for the NI Director of Public Prosecutions to decide when a trial should take place without a jury following a strict statutory test and if he decides there is a risk that the administration of justice might be impaired if the trial were to be conducted with a jury.

The current provisions for non-jury trials are due to expire in July 2023. They may only be extended by two years subject to the approval of both Houses of Parliament.

The Government is seeking views from stakeholders, including members of the public, representative bodies from the judiciary and community leaders from across Northern Ireland on whether the use of non-jury trials should be extended until 2025.

The consultation will run for 12 weeks and provide the public and wider interested parties with the opportunity to have their say on whether the UK Government should seek to renew these provisions.

Notes to Editors

  • In 2021, only 0.6% (8 out of 1358) of all Crown Court cases in NI were conducted without a jury. There is a presumption of trial by jury in all cases before the Crown Court  in Northern Ireland.
  • Non-jury trials only take place in exceptional circumstances. This is in stark contrast to the old Diplock system, where the default was a non-jury trial for certain offences.
  • The provision of non-jury trials can apply to certain cases in England, Wales and Northern Ireland through the Criminal Justice Act 2003.

Documents

Consultation: Non-Jury Trials Justice and Security (Northern Ireland) Act 2007

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email [email protected]. Please tell us what format you need. It will help us if you say what assistive technology you use.

Updates to this page

Published 3 November 2022

Sign up for emails or print this page