Justice and Security (Northern Ireland) Bill

I speak to Amendment No. 13 in the group. At Second Reading, we spoke about our concern at the Director of Public Prosecutions’ deciding the mode of trial. We very much believe that there should be some form of judicial involvement in the node of trial decision. During Committee in another place, my honourable friend the Member for Montgomeryshire proposed that the prosecution should apply to the court for a certificate to be issued for a non-jury trial. Therefore, the decision on mode of trial would rest with the court. In other legislation that provides for non-jury trial, it is the court that ultimately decides whether the trial is to be conducted with or without a jury. That is the case under the Criminal Justice Act 2003. Under Section 44 of that Act, the prosecution may apply to the court for a trial to be conducted without a jury if there is a danger of jury tampering. As that provision extends to Northern Ireland, it would make sense for the same type of procedure to apply in all circumstances where it may be necessary to conduct a trial without jury. Therefore, we have a great deal of sympathy for the amendment in the name of the noble Lord, Lord Trimble. However, the Minister in another place argued that the DPP would be privy to information that the police or national security agencies had brought to bear and that by having a judicial system, it would mean that a range of information would have to be exposed to the other party in a way that could be cross-examined. We reflected on the Government’s arguments and sought to address them. We then came back on Report with the amendment now tabled in my name and thatof my noble friend Lord Smith of Clifton. Our preference is still for there to be some form of judicial control over the mode of trial. Amendment No. 13 proposes that the DPP would still issue the initial certificate for a trial without jury as, under the Bill, this needs to be lodged with the court before the arraignment. We therefore presume that at some stage before the arraignment, the defendant would become aware that a certificate had been issued. At that point, the defendant could make written representations to the judge. On the basis of those representations and any written evidence provided to the judge by the DPP, the judge would then either accept or reject the certificate. There would still be a judicial element in determining the mode of trial, but with no risk of the names of witnesses or informants becoming known. We would like the Government to look at this again. By placing the decision on the mode of trial in the hands of the DPP, they are going much further than was provided for by the 2003 Act. The provisions of that Act are supposed to deal with the intimidation of jurors, so why are the extra provisions in the Bill necessary? Why is it appropriate to have the court deciding the mode of trial in some circumstances, but not in others? Taking such decisions should not place an undue burden on the judiciary as the number of non-jury trials in Northern Ireland has fallenfrom 354 in 1987 to 49 in 2005.