Half a century of Non-Jury Trials in Northern Ireland : part 1 — origins and frameworks

Lennon, Genevieve and Walker, Clive (2024) Half a century of Non-Jury Trials in Northern Ireland : part 1 — origins and frameworks. Criminal Law Review - London, 2024 (3). pp. 142-153. ISSN 0011-135X

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Abstract

This is the first of two articles examining whether non-jury trials (NJTs) under the Justice and Security (Northern Ireland) Act (JSA) 2007 should remain in force. Part 1 explores the development of non-jury trials over the past half-century, from their origin in the Diplock Report in 1972 through to the latest iteration under the JSA 2007. It assesses their justifications, legal framework and limitations. The article concludes that they remain a major aberration from the declared intent of ‘normalisation’ of the Northern Irish criminal justice system. Furthermore, the factual and legal grounds which might justify this aberration are found to have considerably weakened over time. Part 2 will analyse future options, concluding that the current system should be abolished.

  • Item type:Article
    ID code:88249
    Dates:
    Date
    Event
    1 March 2024
    Published
    12 January 2024
    Accepted
    Notes:This is a pre-copyedited, author-produced version of an article accepted for publication in Criminal Law Review following peer review. The definitive published version (Lennon, G & Walker, C 2024, 'Half a century of Non-Jury Trials in Northern Ireland: part 1 — origins and frameworks', Criminal Law Review - London, vol. 2024, no. 3, pp. 142-153) is available online on Westlaw UK.
    Subjects:Law > Law of the United Kingdom and Ireland
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:26 Feb 2024 12:28
    Last modified:09 Apr 2024 04:32
    URI:https://strathprints.strath.ac.uk/id/eprint/88249
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