The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025
This Order, made under the Justice and Security (Northern Ireland) Act 2007, extends the timeframe for non-jury trials in Northern Ireland until July 31, 2027.
The Order cites the Act's provision for the Secretary of State to extend the effective period of non-jury trials and notes that a draft was previously approved by Parliament.
The extension continues a practice established by several previous orders, each extending the period by two years.
Arguments For
Maintaining Security: The continued use of non-jury trials may be argued to be necessary for national security, particularly in cases involving paramilitary groups where jury intimidation is a concern.
Efficiency and Effectiveness: Proponents might argue that the system is more efficient in trying these particular cases due to the sensitive nature of the evidence involved.
Legal Precedent: The repeated extension of these provisions over the years establishes a legal precedent for their continued use, demonstrating a perceived need by successive governments.
Protection of Witnesses: Non-jury trials can provide enhanced protection for witnesses who might be vulnerable to intimidation if their identities were known within a standard jury setting.
Arguments Against
Violation of Rights: Critics might argue that non-jury trials undermine the right to a fair trial, a cornerstone of the British legal system and various international human rights conventions.
Lack of Transparency and Accountability: The absence of a jury could be seen as reducing transparency and accountability within the justice system, potentially leading to less public scrutiny of the trial process.
Potential for Bias: Concerns might be raised about the potential for bias in the selection of judges presiding over non-jury trials, particularly given the sensitive political context of Northern Ireland.
Alternative Solutions: Opponents might advocate for exploring alternative methods to address concerns about jury intimidation, such as witness protection programs or increased security measures for jurors.
Citation, commencement and extent 1.
(1)
This Order may be cited as the Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025.
(2)
This Order comes into force on the day after the day on which it is made.
(3)
Except as provided for in paragraph (4), this Order extends to Northern Ireland only.
(4)
Article 2 has the same extent as the amendments contained in Schedule 1 to the Justice and Security (Northern Ireland) Act 2007 to the extent that article 2 relates to those amendments.
This section details the title, effective date, and geographical scope of the Order.
It clarifies that the Order's name is the 'Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025', and that it takes effect the day after its creation.
The Order primarily applies to Northern Ireland, with an exception noted for Article 2's scope, which aligns with amendments in Schedule 1 to the 2007 Act.
Extension of duration of non-jury trial provisions 2.
The effective period in respect of the non-jury trial provisions, as provided for in section 9(1) of the Justice and Security (Northern Ireland) Act 2007, is further extended.
This article extends the period during which non-jury trials are permitted, as defined by Section 9(1) of the 2007 Act.
The exact duration of this extension isn't explicitly stated here, but it follows from the previous extensions referenced in the explanatory note.
Explanatory Note (This note is not part of the Order)
Sections 1 to 8 of, and Schedule 1 to, the Justice and Security (Northern Ireland) Act 2007 (c. 6) (“the 2007 Act”) provide for trial on indictment without a jury (“the non-jury trial provisions”). Section 9(1) of the 2007 Act provides that the non-jury trial provisions expire at the end of the period of two years beginning with the day on which section 1 of the 2007 Act comes into force (“the effective period”). Section 1 came into force on 1st August 2007 so the effective period initially ran until 31st July 2009. Section 9(2) enables the Secretary of State to extend the effective period by order. Section 9(3)(b) provides that the effect of such an order is to extend the effective period for two years beginning with the time when the effective period would end but for the order.
The effective period has been extended as follows:
- by S.I. 2009/2090 so as to end on 31st July 2011;
- by S.I. 2011/1720 so as to end on 31st July 2013;
- by S.I. 2013/1619 so as to end on 31st July 2015;
- by S.I. 2015/1572 so as to end on 31st July 2017;
- by S.I. 2017/798 so as to end on 31st July 2019;
- by S.I. 2019/1097 so as to end on 31st July 2021;
- by S.I. 2021/876 so as to end on 31st July 2023; and
- by S.I. 2023/668 so as to end on 31st July 2025.
Article 2 of this Order further extends the effective period so that the non-jury trial provisions will expire on 31st July 2027.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
This explanatory note provides background on the legal basis for non-jury trials in Northern Ireland, as established by the Justice and Security (Northern Ireland) Act 2007.
It details the previous extensions granted to these provisions and shows how the current order continues this pattern.
It also clarifies the rationale for not conducting a full impact assessment due to an anticipated minimal impact on various sectors.