GovWire

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.