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Non-jury Trials (Diplock courts) to be extended       printable version
06 Apr 2011: posted by the editor - Human Rights, United Kingdom, Northern Ireland

House of Lords, London / 5 Apr 2011
Statement
Lord Shutt of Greetland: My right honourable friend the Secretary of State for Northern Ireland (Owen Paterson) has made the following Ministerial Statement.

"The Justice and Security (Northern Ireland) Act 2007, which provides for trial on indictment without a jury is temporary and renewal and will expire at the end of the period of two years unless extended."

Whilst the use of non-jury trials has reduced significantly in recent years, it is necessary to renew the powers in order to protect jurors from any potential risk posed by paramilitary groups.

It is always the hope and intention to return to jury trial in all cases in Northern Ireland. However, having considered the views of stakeholders and conducted a detailed analysis of the current threat, I believe it is necessary to extend the non-jury trial system at this time for use in a very small number of cases to ensure justice is administered fairly.

Therefore I am laying before Parliament an order to extend the non-jury trial provisions for a further period of two years.

I will of course keep the situation under review. The Government remain committed to a return to jury trial in all cases as soon as it is deemed appropriate.

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92% of convictions overturned in the first batch of appeals against convictions by the Diplock courts 
Hundreds of men and women found guilty of terrorism offences in Northern Ireland during the Troubles are attempting to have their cases reopened, alleging that the confessions that led to their convictions were beaten out of them by police.

The Criminal Cases Review Commission (CCRC), the body that investigates alleged miscarriages, has received applications from more than 200 people who argue that they fell victim to miscarriages of justice at the province's non-jury courts.

So far the court of appeal in Belfast has heard 26 cases referred by the commission, and has overturned convictions in 24 of those. Solicitors in Belfast and Derry say they believe many more people will be applying to the commission in the near future.

Ian Cobain , guardian.co.uk, Monday 11 October 2010

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