Proposals to end 'non-jury' trials

The government has today launched a consultation on proposals to replace Diplock Courts in Northern Ireland.

The consultation period is expected to last for 8 weeks, closing on October 5 2006.

The Diplock Court system of non-jury trials was established in December 1972, after a Commission chaired by Lord Diplock reported that the jury system as a means of trying terrorist crime in Northern Ireland, was under strain and in danger of breaking down.

The report highlighted the danger of perverse acquittals because of partisan jurors and intimidation of jurors.

The Diplock system is due to be repealed by July 31 2007 as part of the Government�s security normalisation programme.

When normalisation was announced Ministers committed to look urgently at what might be required to ensure there could be fair trials in paramilitary-type trials in the future.

Speaking earlier today, Northern Ireland Secretary of State, Peter Hain said: �Government has always been clear that we want to return to jury trial for all cases as soon as is possible. These proposals will be a significant step towards that goal. However, whilst the security situation has changed dramatically, not least in the last year, the Government believes that some special arrangements remain necessary for a small number of cases in which jury intimidation may continue to be a factor.�

The consultation proposes reforms to the jury system and a return to the presumption for jury trial, but with non-jury trial still available for exceptional cases.

The Director of Public Prosecutions will be able to certify that a case should be tried without a jury if it meets a defined statutory test.

The consultation on the replacement arrangements for the Diplock Court system is being carried out by the Northern Ireland Office, the Attorney General�s Office and the Department of Constitutional Affairs.

All three Departments acknowledge the invaluable role that jurors undertake.

The Secretary of State continued: �The role of juror is an extremely important one and we must do all we can to protect them from intimidation and ensure that the justice system can deliver fair and effective trials.�

The consultation paper proposes: routine criminal record checks to identify disqualified jurors; restricting access to personal juror information and the introduction of guidelines on jury checks; abolishing peremptory challenge; restricting the exercise by the Crown of its right to stand-by; and other jury protection measures.

(EF)