I do not deny that it would be difficult, but in the first instance it would be for the defendant’s lawyer to seek leave to appeal the certificate on the grounds of bad faith, dishonesty or other exceptional circumstances. It would be for the judge to decide whether to grant leave for that appeal to take place. If the appeal were granted, a further judge would consider the matter still further. If the judge were to demand to see the reasons, it might be possible, but the judiciary have made it clear that they set a very high test in relation to such cases. I do not deny that it would be difficult, if not impossible, for the list of reasons to be produced, but, again, I say that the point applies to a small number of serious cases in which trial by judge alone in Northern Ireland is still warranted.
Turning to the hon. Member for North Down—
Justice and Security (Northern Ireland) Bill
Proceeding contribution from
Paul Goggins
(Labour)
in the House of Commons on Tuesday, 6 February 2007.
It occurred during Debate on bills on Justice and Security (Northern Ireland) Bill.
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2006-07Chamber / Committee
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