21/10/2026

Sir John Gillen To Lead Review Of Unfitness To Plead And Trials Of Fact

Former senior judge Sir John Gillen has been appointed to lead an independent review of the law and procedures on unfitness to plead and trials of fact in Northern Ireland, with a strong emphasis on the interests of victims.

The review will consider a series of complex issues, including whether a standard criminal trial should still proceed if a person later becomes fit to plead. It will also examine whether sex offender notification requirements and other safeguarding measures ought to apply after findings relating to conduct that would otherwise amount to 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."
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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."

Publication of the terms of reference fulfils a commitment by both ministers in response to recent public concern and interest in the current 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 produce an interim report by February 2027, with a final report due in Spring 2027. The terms of reference can be read here: www.justice-ni.gov.uk/publications/review-law-and-procedures-unfitness-plead-and-trials-fact

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