The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act.
Held: The appeal was dismissed. ‘The fact that a majority verdict can be delivered in a criminal trial might reduce the risk of partisan verdicts; there is no reason to suppose that it will eliminate it. Likewise, the abolition of peremptory challenges and disclosure of jury panel members’ names and addresses. On the question of jury tampering (to which, more obviously, these measures were primarily directed) it is right to record that Mr Gerald Simpson QC, who appeared for the Director, confirmed that the possibility of jury tampering was not a concern in this case. It was the prospect of a partisan outcome to the case which underlay the Director’s decision.’
and: ‘section 1 qualifies, if not indeed removes, the right to trial by a jury. Hence, the issue of a certificate does not itself remove the right (it is the statute which has done that). In reality the issue of a certificate under section 1 partakes of a case management decision aimed at ensuring the relevant end result of a fair trial. Viewed from this perspective, it is of obvious importance that elaborate, protracted challenges to the issue of a certificate under section 1 are wholly to be avoided, where possible. It is, no doubt, with this consideration in mind that section 7 circumscribed the opportunity for judicial review challenge. Such challenges have the potential to undermine the objective of the legislation to ensure that trials take place in accordance with the requirements of article 6 of ECHR (both as to fairness and to promptness).’
Judges:
Lord Reed, Deputy President, Lord Kerr, Lady Black,Lord Lloyd-Jones, Lord Sales
Citations:
[2019] UKSC 26
Links:
Statutes:
Justice and Security (Northern Ireland) Act 2007 1
Jurisdiction:
England and Wales
Citing:
Appeal from – Hutchings, Re Judicial Review QBNI 20-Dec-2017
H was shot by a British army patrol during the troubles in 1974. . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – McParland, Re Judicial Review QBNI 9-Jan-2008
The case concerned a challenge to section 10 of the 2007 Act which had inserted a new provision (article 26A) into the Juries (Northern Ireland) Order 1996 (SI 1996/1141) restricting the disclosure of information about jurors. It was argued that the . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – Shuker and Others, Re Applications for Judicial Review QBNI 31-Mar-2004
. .
Cited – T and Others Regina v CACD 5-Jun-2009
The defendants appealed against an order allowing their trial to proceed without a jury. There had been earlier trials lost where the jury had suffered interference.
Held: The trials could go ahead on this basis. The right to a fair trial . .
Cited – Attorney General’s Reference No. 3 of 1999 HL 14-Dec-2000
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept . .
Cited – Arthurs, Re Judicial Review QBNI 30-Jun-2010
Girvan LJ said, ‘[t]he strong presumption that a right to jury trial is not intended to be taken away will . . lead to a strict construction of any statutory restriction or limitation on the right to a jury trial.’ . .
Lists of cited by and citing cases may be incomplete.
Armed Forces
Updated: 23 March 2022; Ref: scu.638152
