How does the SNP’s plan to suspend jury trials compare the suspension of jury trials in Northern Ireland during the troubles with the Diplock Courts? Jury trials were abolished there in 1973 to stop jury ‘nobbling’ and witness tampering. 1/8
After the Good Friday Agreement, the Diplock Courts were largely abolished, but DPP retains the power under s1 Justice and Security (Northern Ireland) Act 2007 to direct that trial of an accused for certain offences to be by a judge sitting without a jury 2/8
As the European Commission of Human Rights observed in X and Y v Ireland (Application No 8299/78) (1980) 22 DR 51 , para 19, "… article 6 does not specify trial by jury as one of the elements of a fair hearing in the determination of a criminal charge". 3/8
Other safeguards made the Diplock system ECHR compatible. It required the judge to give a reasoned judgment. That is in the Scottish Government proposal. But Diplock also gave the accused an unrestricted right of appeal if convicted. That is not. 4/8
In NI a person in a Diplock Court has an automatic right of appeal, not only on points of law but on the factual conclusions reached and inferences drawn by the trial judge. Much wider than the Scottish ground of appeal of a ‘miscarriage of justice’ 5/8
These protections remain in the Justice and Security (Northern Ireland) Act 2007 – renewed (with SNP support) in 2017. Recent case in the UK Supreme Court in this area supremecourt.uk/cases/docs/uks… 6/8
So why are the Scottish Government not proposing the same protections for accused persons in Scotland as their MPs thought appropriate for cases in Northern Ireland? It could be that the right of appeal was the extra safeguard needed to make Diplock ECHR compatible! 7/8
Interesting article from 1995 on the Diplock Courts and how judge only trials worked out
independent.co.uk/money/spend-sa… 8/8
independent.co.uk/money/spend-sa… 8/8
