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  • Sir John Gillen appointed to conduct trials of fact review

    Topics:
    • Justice and the law, 
    • Courts and Tribunals

    Date published: 20 October 2026

    The Minister of Justice and Minister of Health have appointed Sir John Gillen to conduct a review into the law and procedures on unfitness to plead and trials of fact. The review will consider issues that affect victims and ensure they are at the forefront of the justice system

    Unfitness to Plead: Independent Review
    Unfitness to Plead: Independent Review

    The review will examine a range of factors, including whether a conventional criminal trial should remain possible if an individual becomes fit to plead.

    It will also look at whether sex offender notification requirements and other safeguarding measures should apply following findings involving acts which would otherwise constitute serious sexual offences.

    Announcing details of the review, Justice Minister Naomi Long said: “It is absolutely vital that justice is served and that it is seen to be served.

    “This review will consider a range of issues that affect victims and ensure they are at the forefront of the justice system.

    “I am very pleased that Sir John has agreed to carry out this review. His review on the law and procedures in serious sexual offences was a landmark report and has led to consequential and lasting reform.

    “I know that Sir John will conduct a meticulous examination of the law and procedures on trials of fact, and that he will have particular care for the views and experiences of victims.”

    Health Minister Robbie Butler said: “This is a very important and complex issue spanning multiple areas including mental health, capacity, public protection, as well as the effective administration of justice.

    “This review will provide an opportunity to assess whether existing arrangements remain appropriate and effective, while ensuring that the interests of victims, public protection, wider society and defendants are properly balanced.

    “I want to extend my thanks in particular to Sir John for agreeing to undertake this sensitive and important task.

    “I look forward to working with him, and continuing the collaborative engagement with Minister Long and her Department as we jointly progress this matter.”

    The publication of terms of reference of the review follows a commitment by both ministers in recognition of the recent public concern and interest in the legal and procedural framework.

    Commenting on his appointment, Sir John said: “The prejudice of being human is the requirement to reflect.

    “Hence the law requires constant revision over time if it is to retain the confidence of the public.

    “It is a privilege to have been invited to exercise this function on an issue which currently commands so much public attention.”

    Sir John will provide an interim report by February 2027, with a final report to follow in Spring 2027.

    The terms of reference are available to read here: Review into the Law and Procedures on Unfitness to Plead and Trials of Fact | Department of Justice

    Notes to editors:

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