Debate contribution: Courts: Trials of the Facts
Debate contribution by Mrs Naomi Long on .
- MLA
- Mrs Naomi Long
- Party at the time
- Alliance Party
- Date
- 19 October 2026
- Type
- Debate contribution
- Business
- Oral Answers to Questions
- Heading
- Courts: Trials of the Facts
- Assembly identifier
- Official Report component 5795790
Read the official Assembly record
Text
There are a number of things to consider. Tomorrow, we will announce who will undertake the review, and, obviously, they will look at what happens in other jurisdictions to inform their review. I do not want to take positions on that at this point in time, but it is certainly something that will be considered. Currently, where an unfit defendant is found to have done an act or made an admission as charged, the court must make a hospital order, a guardianship order, a supervision and treatment order or an absolute discharge. The requirements for the particular order must be met. There is a statutory route for remittal for trial following a hospital order where the relevant conditions are met. There is no equivalent route under the Mental Health (Northern Ireland) Order 1986, following the other disposals. Recovery alone, therefore, does not permit a later trial, as things stand, for the same alleged defences in those cases, but if a person later faces criminal proceedings, following lawful remittal or for new offences, their fitness is assessed on the evidence that is available at that time. The review will also consider the circumstances in which a conventional criminal trial following recovery should be possible.
203 words. Text as published by the Northern Ireland Assembly.
Assessment
Awaiting analysis
This record has not been analysed yet. It is not counted in any total until it has been assessed.
Disagree with this assessment?
Classifications can be challenged. A person reviews every challenge, and any change is recorded publicly above with its reason.