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

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.

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