Senior judge to review trial of the facts framework in Northern Ireland

Review follows Donaldson case, with interim report expected by February 2027

By LineZotpaper

Published20 October 2026

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Sir John Gillen, a former senior judge, has been appointed to review the legal framework on trial of the facts cases in Northern Ireland, following the recent case of Eleanor Donaldson. The review, announced by Stormont’s justice and health ministers, will examine whether a conventional criminal trial should remain possible if an individual becomes fit to plead and whether safeguarding measures, such as sex offender notification requirements, should apply. An interim report is expected by February 2027, with a final report due in spring 2027.

Sir John Gillen, who previously led a major review of sexual offence trials in 2019, said the law required ‘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,’ he said.

Justice Minister Naomi Long said it was ‘absolutely vital that justice is served and that it is seen to be served’. She stated the review would consider issues affecting victims and ensure they are at the forefront of the justice system.

Health Minister Robbie Butler called it a ‘very important and complex issue’ that spans 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,’ he said.

The review will examine whether a conventional criminal trial should remain possible if an individual becomes fit to plead. It will also consider whether safeguarding measures, such as sex offender notification requirements, should apply following findings involving acts which would otherwise constitute serious sexual offences.

A trial of the facts is an option when a court determines a person is unfit to stand trial. It takes the place of a criminal trial and is used to determine whether an accused committed the acts alleged. It cannot result in a conviction, but if the court is not satisfied, the accused is acquitted. The procedure is allowed for in legislation by Article 49A of the Mental Health (Northern Ireland) Order 1986. The mechanism is not used often but was used in the trial of former IRA leader Ivor Bell in 2019.

Analysis

Why This Matters

The review aims to ensure justice is served and seen to be served in cases involving defendants unfit for trial.
It seeks to balance victim protection with defendant rights, particularly in serious sexual offence cases.
Potential changes could impact how similar cases are handled in Northern Ireland and influence legal thinking elsewhere.

Background

The trial of the facts framework allows proceedings to go ahead when a defendant is unfit to stand trial, but it cannot result in a conviction. The review follows the high-profile case of Eleanor Donaldson, who faced such a trial after being found unfit on mental health grounds. Sir John Gillen brings experience from a 2019 review of sexual offence trials.

Key Perspectives

Justice Minister Naomi Long: Highlighted the need for justice to be served and seen, with victims at the forefront. Health Minister Robbie Butler: Emphasised the complexity across mental health, capacity, public protection, and administration of justice. Sir John Gillen: Stressed the need for constant revision of law to maintain public confidence.

What to Watch

Interim report due by February 2027.
Final report expected in spring 2027.
Potential legislative changes or new guidelines following the review.

Sources

Senior judge to review trial of the facts framework after Donaldson case · BBC Northern Ireland

Checked

12 claims in this story checked against 1 source: 11 supported.

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SupportedA senior judge will review the trial-of-the-facts framework in Northern Ireland after the Donaldson case.BBC Northern Ireland: “A former senior judge will carry out a review of the legal framework on trial of the facts cases in Northern Ireland in the wake of the Donaldson trial.”
SupportedThe review follows the Eleanor Donaldson case.BBC Northern Ireland: “A former senior judge will carry out a review of the legal framework on trial of the facts cases in Northern Ireland in the wake of the Donaldson trial.”
SupportedAn interim report is expected by February 2027 and a final report is due in spring 2027.BBC Northern Ireland: “Sir John Gillen, who led a major review of sexual offence trials in 2019, is expected to deliver an interim report by February 2027, with a final report due in spring 2027.”
SupportedSir John Gillen was appointed to review the framework, and Stormont’s justice and health ministers announced the joint review.BBC Northern Ireland: “In September, Stormont's justice and health ministers announced a joint review would be carried out.”
SupportedThe review will consider whether a conventional criminal trial should remain possible if someone becomes fit to plead.BBC Northern Ireland: “The Department of Justice said the review would examine a range of factors, including whether a conventional criminal trial should remain possible if an individual becomes fit to plead.”
SupportedThe review will consider whether sex offender notification requirements should apply following findings involving acts that would otherwise constitute serious sexual offences.BBC Northern Ireland: “It will also consider whether safeguarding measures, such as sex offender notification requirements, should apply following findings involving acts which would otherwise constitute serious sexual offences.”
SupportedGillen said the law required “constant revision over time” to retain public confidence, and said, “It is a privilege to have been invited to exercise this function on an issue which currently commands so much public attention”.BBC Northern Ireland: “Speaking after his appointment, Sir John said the law required “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,” he said.”
SupportedNaomi Long said, “It is absolutely vital that justice is served and that it is seen to be served”.BBC Northern Ireland: “Justice Minister Naomi Long said: “It is absolutely vital that justice is served and that it is seen to be served.”
SupportedLong said the review would consider issues affecting victims and ensure they are at the forefront of the justice system.BBC Northern Ireland: ““This review will consider a range of issues that affect victims and ensure they are at the forefront of the justice system.””
SupportedRobbie Butler called the issue “very important and complex” and said the review would assess whether arrangements remain appropriate and effective while balancing victims’ and others’ interests.BBC Northern Ireland: “The health minister called it a “very important and complex issue” that spans different areas such as “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,” Robbie Butler said.”
Partly supportedA trial of the facts is an option when a court determines a person is unfit to stand trial.BBC Northern Ireland: “A trial of the facts is an option that is open to prosecutors if a court determines that a person is unfit to stand trial and criminal proceedings cannot go ahead.”
SupportedThe procedure is provided for by Article 49A of the Mental Health (Northern Ireland) Order 1986.BBC Northern Ireland: “The procedure is allowed for in legislation by Article 49A of the Mental Health (Northern Ireland) Order 1986.”