A former senior judge has been appointed to lead an independent review of the law and procedures on unfitness to plead and trials of fact in Northern Ireland. Sir John Gillen, who previously led a major review of sexual offence trials in 2019, will examine whether the current system adequately serves the public and addresses the concerns of victims.

The review follows recent public concern about the legal framework, particularly after Eleanor Donaldson, wife of convicted sex offender Jeffrey Donaldson, faced a trial of the facts after being found unfit for a conventional trial on mental health grounds. In a trial of the facts, a judge determines whether the accused committed the alleged acts, but the procedure cannot result in a conviction.

Sir John said he has started meeting with groups and representatives of victims and survivors, and that there are "genuine concerns" about trial of the fact cases. He said he wants to look into whether victims are "being sidelined" and if the offence is "being fully tested". He also plans to review if the outcome reflects the seriousness of the offence.

The review will consider a range of issues, including whether a conventional criminal trial should remain possible if a defendant later becomes fit to plead, and whether safeguarding measures such as sex offender notification requirements should apply following findings involving acts which would otherwise constitute serious sexual offences.

Justice Minister Naomi Long said the review will consider issues that affect victims and ensure they are at the forefront of the justice system. Health Minister Robbie Butler said the review spans areas including mental health, capacity, public protection, and the effective administration of justice.

Sir John said the law has evolved since 1836 and needs to be examined to see if it requires modernisation in light of modern medical practice. One of the main concerns is whether the public is properly protected by the disposals available to judges in these cases.

He is expected to deliver an interim report by February 2027, with a final report due in spring 2027.