Yes, on the assumption that any such cases are brought after the Bill’s procedures have been implemented. Of course that will apply. In some of the examples to which the hon. Gentleman referred, the DPP may well be able to go to the judge and say, ““I think a trial without a jury is appropriate in these cases.””
The changes introduced by the Bill will help to reduce the risks to jurors, but even with these reforms, there will still be cases where there are paramilitary and community-based pressures on a jury that could lead to a perverse verdict. I accept that there may be exceptional cases which cannot be tried before a jury. However, we will take a radically different approach to how these cases will be managed.
The decision to move to a non-jury trial will be made by the Director of Public Prosecutions for Northern Ireland in future. He or she will be required to apply a defined statutory test that is based not on the offence itself, but on the circumstances in which it was committed. Crucially, non-jury trial will be possible only where there is a risk to the administration of justice.
There has been a downward trend in the number of Diplock trials over recent years, and we want to get to a point where there are no cases at all that must be heard without a jury. However, I am sure that the House will understand that it would not be appropriate to remove that option entirely, even in the current improved conditions in Northern Ireland.
Considerable progress has already been made in normalising the security profile in Northern Ireland, as the Independent Monitoring Commission has reported. Towers and observation posts in south Armagh have been demolished, troops are being withdrawn from police stations in Northern Ireland, military bases and installations in Northern Ireland are being closed, most routine patrolling by the military has ceased, troop levels are at an all-time low, and not a soldier was on the streets on 12 July, for the first time in almost 40 years. However, there is still more to do.
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Lord Hain
(Labour)
in the House of Commons on Wednesday, 13 December 2006.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
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2006-07Chamber / Committee
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