Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009

For many years the Government have expressed their desire to return to jury trial in all cases as quickly as possible in Northern Ireland. Sadly, the risks of community-based and paramilitary-based pressures on jurors in Northern Ireland remain acute, and of a different order from other places in the UK. Although major progress has been made over recent years and local politicians are working together in the Northern Ireland Assembly to create a brighter future, there is still progress to be made. A small minority of those in Northern Ireland remain wedded to the ways of the past and continue to find terrorism and sectarianism acceptable. We must ensure that the criminal justice system is equipped to deal with these people. As the issue of non-jury trial was debated in detail in 2007, a light-touch review was undertaken in January this year to inform the decision to extend. Next time, a more substantial review will be undertaken. During this year’s review, a wide range of stakeholders was consulted on potential renewal of the provisions, including the political parties, NGOs and practitioners. During the development of the current non-jury trial system, the noble Lord, Lord Carlile of Berriew, provided particularly invaluable assistance. As part of the recent consultation he was again consulted. He concluded, based on the discussions that he has had throughout Northern Ireland, that extension was a justified step. The chief constable and Ministers also agreed that extension was necessary. Although it is difficult to compare the old Diplock system and the new system, there does appear to be a continuing reduction in the number of non-jury trials. During the last two years of the Diplock system, 125 non-jury trial cases were dealt with. As reported to Parliament last year, the DPP issued 29 certificates for non-jury trials during the first year of the operation of the system, relating to 28 cases. Since then, he has issued a further 12 certificates. That means that, in almost two years, there have been only 41 occasions on which the DPP felt that a non-jury trial was necessary because any measures to protect the jury would not suffice. Our criminal justice system relies on members of the public to act as jurors. The Government must therefore do everything possible to protect them from intimidation and the fear of intimidation. Sadly, even with non-jury trials being available in Northern Ireland, juror intimidation continues. Four cases in particular have been brought to the Government’s attention. In one of them, the judge considered the intimidation to be serious enough to discharge a juror, and in another the entire panel was dismissed. Witness intimidation also continues: 159 offences were reported to the PSNI last year. There is a fear that the same intimidating tactics would be used against jurors if the option of a non-jury trial for the most serious cases was removed. Cases connected with paramilitaries or serious sectarianism are the most likely to pose these risks to jurors. This was key to including the provisions in the 2007 Act. Since then, we have unfortunately seen an upsurge in activity from dissident republicans. The threat from them is now higher than it was two years ago. This was brutally illustrated recently by the murders of Sappers Quinsey and Azimkar and Constable Carroll at the beginning of March this year. Furthermore, the horrific murder of father of four Kevin McDaid highlights that, while small in number, there are still those who feel that sectarianism and hatred have a place in Northern Ireland. The order extends the effective period during which persons charged with indictable offences can be tried without a jury in certain circumstances, as set out in the Justice and Security (Northern Ireland) Act 2007. Without this order, the non-jury trial system in that Act will expire on 31 July 2009. Trial without a jury under the Act is possible only where the Director of Public Prosecutions for Northern Ireland has issued a certificate under Section 1 of the Act. The DPP may issue a certificate where he suspects that one or more of four conditions in the legislation are met and is satisfied that there is a risk that the administration of justice might be impaired if the trial were to be conducted with a jury. The four conditions are: that the defendant is, or is an associate of, a current or former member of a currently or formerly proscribed organisation; that the offence was committed on behalf of a proscribed organisation, or that a proscribed organisation was involved with the carrying out of the offence; that an attempt, by or on behalf of a proscribed organisation, was made to prejudice the investigation or prosecution; and that the offence was committed as a result of, in connection with or in response to religious or political hostility. This approach is risk-based and ensures that there is a non-jury trial only where it is absolutely necessary. There is the presumption of a jury trial unless one or more of the conditions applies. Before issuing a certificate for a non-jury trial, the DPP considers whether other measures, such as making an application to the court for screening off the jury from the public, would allow him to be satisfied that there was no risk that the administration of justice might be impaired if the trial were to be conducted with a jury. Non-jury trial remains an exceptional measure that is used only where there is no alternative. I am satisfied that extension of the non-jury trial arrangements for a further period is a necessary and proportionate step. I beg to move.