To ask the Minister of Justice for an update on the joint independent review of the arrangements governing trials of the facts.

Mrs Long

The Health Minister and I are jointly commissioning an external independent review into the law and procedures on unfitness to plead, including trials of the facts. The review responds to my concerns about whether the current arrangements are fair to defendants and victims and provide adequate protection for the public. The Departments have worked at pace to establish the review and, having had the agreement of the Minister of Health this morning, the terms of reference will be published tomorrow, together with an announcement on who will lead the review. The review will be wide-ranging and will examine how decisions on fitness are made and what happens when a defendant cannot stand trial. Importantly, the review will hear directly from victims and others with experience of the process. Their experiences will help inform an assessment of where change is needed. The review will provide an interim report by 15 February 2027, which we intend to publish before Assembly dissolution. A final report will follow later in spring 2027.

Mrs Long

The review is intended to examine whether the orders available to the courts provide adequate protection for the public. That includes considering whether sex offender notification requirements and other safeguarding measures should apply following findings involving acts that would otherwise constitute serious sexual offences. The review will also consider whether the system is open to abuse and whether defendants have fair access to those procedures, irrespective of social background. It will further examine whether a modernised legal test is needed and how defendants can be supported to participate effectively. The position of Magistrates' Courts and Youth Courts is expressly included, as is unfitness arising from physical disability and mental disorder.

Mr Beattie

That is a really important piece of work. Lots of people are concerned about those who are subject to a trial of the facts and then make a full recovery. There is not a great deal that we can do about such cases, and we see that in the legislation in England, Scotland, Wales and here. Will the Minister consider the system that they have in the Irish Republic, which prevents trials of the facts, enables something to be given out to the perpetrator and holds the trial on the books until a later stage?

Mrs Long

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.