Northern Ireland Office

Secretary of State, Peter Hain has launched a consultation on proposals to replace Diplock Courts in Northern Ireland.

Mr 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:

Mr Hain said: “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.

The consultation paper also includes the views of Lord Carlile of Berriew QC.  Earlier this year Shaun Woodward sought his views on whether the time was right for a return to jury trial in all cases.  

Notes to Editors

• Download the consultation paper.
• The consultation will last for a period of 8 weeks, closing on 5 October 2006.
• Lord Carlile is the Government’s Independent Reviewer of Terrorism Legislation.
• The Diplock Court system of non-jury trials was established after a Commission chaired by Lord Diplock reported in December 1972 that the jury system as a means of trying terrorist crime in Northern Ireland was under strain and in danger of breaking down. It highlighted the danger of perverse acquittals because of partisan jurors and intimidation of jurors.  
• The Diplock system is due to be repealed by 31 July 2007 as part of the Government’s security normalisation programme (which was announced on 1 August last year).  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.