Diplock courts: Use of non-jury trial system to continue in NI

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Diplock courts: Use of non-jury trial system to continue in NI
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Non-jury trials will continue to be used in Northern Ireland, with the move described as 'regrettable' but necessary by Secretary of State chhcalling.

By Julian O'NeillNon-jury trials will continue to be used in Northern Ireland, with the secretary of state saying the move is "regrettable" but necessary due to the security situation.Chris Heaton-Harris said there has not been "sufficient change" in the security situation to abolish them.At the height of the Troubles, more than 300 cases a year were tried by a judge sitting alone but in 2021 there were just eight non-jury trials.

Another reason for their use is when there is potential for juror bias because of a defendant's background.The late Law Lord Kenneth Diplock recommended non-jury trials as a solution to prevent jury intimidation or bias in terrorism prosecutionsThe Northern Ireland Office said there had been 15 responses, including from MI5 and some political parties, and that nine supported the need to keep the option of non-jury trials.

"However the concerns raised during the consultation of the potential risk to the administration of justice and to individuals if the non-jury trial provisions were to expire imminently, cannot be ignored." Parliamentary approval will now be sought to extend the use of non-jury trials until the summer of 2025.

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