North's non-jury terror trials likely to be abolished

Non-jury trials for terrorism suspects in the North are expected to be abolished by next summer, the British government revealed today.

The Northern Ireland Office announced plans to scrap judge-only courts next July for those facing murder or explosives charges connected to paramilitaries.

Non-jury Diplock Courts have been operating in the North since 1973.

Under the plan, which goes out to consultation today, only the most serious cases will be heard without a jury.

The consultation paper marks another step in the security normalisation process announced by the British government after the IRA announced an end to its armed campaign in July 2005.

The Public Prosecution Service will not try cases without a jury unless there’s a real risk of intimidation of jurors. There will, however, be added protection for jurors in sensitive cases.

The criteria for ordering a non-jury trial has yet to be set but will be based on the circumstances of the crime and connections of the accused.

Northern Ireland Secretary Peter Hain said: “Government has always been clear that we want to return to jury trial for all cases as soon as 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 (British) 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 Diplock Court system was established after a report by Lord Diplock in 1972 which highlighted the dangers of perverse acquittals because of partisan or intimidated jurors.

Only the Attorney General can decide to “de-schedule” a case, ordering a jury trial.

Among the infamous cases dealt with by Diplock courts were the convictions of loyalist paramilitary gang the Shankill Butchers, who were sentenced to life imprisonment in the 1970s for abducting and murdering innocent Catholics in north and west Belfast.

IRA bomber Sean Kelly was also convicted under the system of murdering nine people in the October 1993 Shankill fish shop bomb.

In recent years the use of Diplock Courts has declined substantially with the improving security situation.

The number of cases sent for Diplock trial each year is around 60 compared to 329 two decades ago.

Provisions to protect juries include:

:: Routine criminal checks to identify disqualified jurors.

:: Restricting access to personal juror information and the introduction of guidelines on jury checks.

:: Abolishing the defendant’s right to challenge jurors without giving reasons.

:: Restricting the prosecution’s right to nominate stand by jurors.

Magistrates will rule on all bail cases for terrorism suspects as part of the changes.

The consultation exercise on the proposals will last for eight weeks, closing on October 5, 2006.

The NIO paper stated: “There is a continuing legacy of terrorism that government must take account of when considering future arrangements.

“There’s a residual risk from dissident republican and loyalist paramilitaries who are still engaged in planning acts of terrorism and continue to raise funds for their organisations.

“This increases the risk of intimidation. It also creates a fear of intimidation that can be just as damaging.”

Offences which could be scheduled include those arising out of public order incidents or those with a sectarian motive.

The Director of Public Prosecutions will consult with the Attorney General for Northern Ireland, who will be appointed by the First and Deputy First Minister if a power sharing government at Stormont is restored.

The head of the Public Prosecution Service will be handed greater independence.