Independent review of NI trials of the facts agreed after concerns over justice for victims

Northern Ireland’s trials of the facts procedure is to undergo an independent review following concerns about how the justice system serves victims when an accused person is found unfit to stand trial.

Justice Minister Naomi Long and Health Minister Robbie Butler have agreed to commission the joint review, according to a statement from Ulster Unionist Party leader Jon Burrows MLA.

The party said a joint letter from the ministers confirmed that an independent external reviewer would be appointed, with work beginning this autumn and a report due before the end of the current Assembly mandate.

What a trial of the facts means

A trial of the facts can take place when a court finds that an accused person is unfit to stand trial. A jury considers whether the person carried out the act alleged, rather than determining criminal guilt through an ordinary trial.

A finding that the person carried out the act is not a criminal conviction. The procedure addresses cases in which an accused person cannot effectively participate in a conventional trial.

Mr Burrows, who wrote to both ministers in July seeking a review, argues that the system needs to be examined against the needs of victims, public protection and the wider public interest.

Concerns about the experience of victims

Welcoming the commitment, Mr Burrows said:

“I asked for this review and I am pleased that both ministers have listened and agreed to act. This matters, and it matters urgently.”

He said:

“There is real and legitimate public concern about how trials of the facts operate in Northern Ireland. That concern has been building for some time, and the recent high-profile case brought it to a head. The question people are asking is a simple one. Does this procedure strike the right balance between protecting the public, meeting the needs of victims, and serving the wider public interest? Many people no longer believe that it does.”

Setting out his criticism of the experience facing victims, he said:

“Consider what victims are left with. A jury can find that serious acts were committed, including against children. No conviction follows. No criminal record exists. The defendant may suffer no loss of liberty even for the most serious offences. A victim walks out of court with a finding on a piece of paper and nothing more. Whatever the legal reasoning behind that, it does not look like justice, and it does not feel like justice to many people.”

The absence of a conviction does not automatically mean that no restrictions can follow. Depending on the legal criteria and circumstances, the court’s options can include a hospital order, a supervision and treatment order, or an absolute discharge.

Pressure for reform after earlier report

Mr Burrows said 60 trials of the facts took place in Northern Ireland between 2020 and 2025, arguing that the issue affected families repeatedly rather than arising only in exceptional cases.

The Northern Ireland Law Commission published a report on unfitness to plead in 2013, recommending reform. Mr Burrows said those recommendations had still not been legislated for.

He said:

“We cannot end up with a second report gathering dust beside the first. The test of this review is not whether it reports. It is whether the law changes and strikes the right balance.”

He added:

“I will be pressing for terms of reference that are published and broad, for victims’ groups and families to be consulted directly, and for a timetable that allows recommendations to be acted on rather than handed over as unfinished business. Justice must mean more than a finding of fact.”

Separate review into Donaldson’s years in the UUP

The development comes alongside a separate safeguarding review commissioned by the UUP into Jeffrey Donaldson’s 21-year membership of the party, from 1982 until his resignation in December 2003.

Launched on Wednesday 16 September, that review will examine whether concerns were reported during those years, how the party responded and whether Donaldson’s status or influence affected its response. It is distinct from the ministers’ review of the legal procedure.

Donaldson was convicted of child sexual offences in June. His wife, Eleanor Donaldson, was dealt with through a trial of the facts after being found unfit to stand trial; that process did not result in a criminal conviction.

Mr Burrows said:

“We owe it to the victims, and we owe it to the public, to establish honestly and independently whether there is anything the party should have known, should have acted upon or should have done differently during those years.”

Who will lead the safeguarding review

The UUP review will be led by Anne Marks, an independent safeguarding consultant with more than 30 years’ experience in trauma and victim-survivor support, assisted by an advisory group of independent victim advocates.

A former police officer, Ms Marks was the PSNI’s organisational lead for the development and establishment of The Rowan, Northern Ireland’s regional Sexual Assault Referral Centre. Her subsequent work has included domestic homicide, adult safeguarding and serious case reviews.

The party says she has never been a UUP member, employee or officer, and that it will have no role in conducting the review, assessing submissions or deciding whether information should be referred to police or other authorities. Amendments to her final report may only be made with her consent.

The process was developed following consultation with Men’s Advisory Project, Nexus NI, NI Survivor Council, Victim Support NI and Women’s Aid.

Information sought from the public and party members

Anyone with relevant information or experience is invited to contribute, including members of the public, current and former party members, staff, constituency workers, elected representatives, volunteers, witnesses and confidants.

The scope extends beyond offences against children. It also covers information about alleged sexual misconduct, harassment, coercive or controlling behaviour, bullying, misogyny, intimidation, exploitation, abuse of status or authority, retaliation and other boundary violations involving adults.

Concerns about behaviour after 2003 will, with consent, be shared with the relevant review or body. The party says the findings will be used to strengthen its safeguarding practice, standards and culture.

Urging people to come forward, Mr Burrows said:

“Your voice will be heard, and you will be given all the support necessary.”

Confidentiality and the submission deadline

Submissions will go directly and securely to the independent safeguarding professional. Confidentiality is subject to exceptions where there is a serious concern about a contributor’s safety or another person’s safety, or where disclosure is required by law.

Where disclosure is legally required, including under section 5 of the Criminal Law Act (Northern Ireland) 1967, Ms Marks will refer information directly to the PSNI without going through the party. Information will be processed and stored in accordance with data protection legislation.

The UUP has committed to publishing her findings and recommendations as far as legally possible. It also says its call for a full independent public inquiry into what was known about Donaldson throughout his public career was declined by the UK Government.

The four-week submission window runs from Wednesday 16 September until Wednesday 14 October 2026. Anyone wishing to contribute, or read the full terms of reference, can visit www.uup.org/donaldson_review.