Senior judge to review trial of the facts framework after Donaldson case

A former senior judge will carry out a review of the legal framework on trial of the facts cases in Northern Ireland in the wake of the Donaldson trial.

Eleanor Donaldson, wife of convicted sex offender Jeffrey Donaldson, had faced a trial of the facts after being found unfit for a conventional trial on mental health grounds.

Sir John Gillen, who led a major review of sexual offence trials in 2019, is expected to deliver an interim report by February 2027, with a final report due in spring 2027.

The Department of Justice said the review would examine a range of factors, including whether a conventional criminal trial should remain possible if an individual becomes fit to plead.

It will also consider whether safeguarding measures, such as sex offender notification requirements, should apply following findings involving acts which would otherwise constitute serious sexual offences.

Speaking after his appointment, Sir John said the law required "constant revision over time if it is to retain the confidence of the public".

"It is a privilege to have been invited to exercise this function on an issue which currently commands so much public attention," he said.

In September, Stormont's justice and health ministers announced a joint review would be carried out.

Justice Minister Naomi Long said: "It is absolutely vital that justice is served and that it is seen to be served.

"This review will consider a range of issues that affect victims and ensure they are at the forefront of the justice system."

The health minister called it a "very important and complex issue" that spans different areas such as "mental health, capacity, public protection, as well as the effective administration of justice".

"This review will provide an opportunity to assess whether existing arrangements remain appropriate and effective, while ensuring that the interests of victims, public protection, wider society and defendants are properly balanced," Robbie Butler said.

A trial of the facts is an option that is open to prosecutors if a court determines that a person is unfit to stand trial and criminal proceedings cannot go ahead.

It takes the place of a criminal trial and is used to determine whether an accused committed the acts alleged.

It cannot result in a conviction, but if the court is not satisfied that the accused committed the acts alleged, then he/she will be acquitted.

The procedure is allowed for in legislation by Article 49A of the Mental Health (Northern Ireland) Order 1986.

The mechanism is not used often but one high-profile example was in the trial of former IRA leader Ivor Bell in 2019.