§ Lord Hyltonasked Her Majesty's Government:
How many cases of murder and manslaughter, where prosecution and defence are ready to start, are now delayed in Northern Ireland for lack of judges.
§ The Lord Chancellor (Lord Mackay of Clashfern)There are presently 60 cases involving a charge of either murder or manslaughter which have been returned to Belfast Crown Court and are awaiting trial. There are also two such cases awaiting trial at other Crown Court venues in Northern Ireland, both of which have trial dates set. Of the 60 Belfast cases, six have been allocated dates for hearing. In respect of the remaining 54 cases, it is not possible to answer the noble Lord's Question in the form it has been put.
The availability of a judge is only one of a number of factors which determine the listing of a particular case for hearing. The availability of witnesses, the expected duration of the trial, the availability of suitable courtroom accommodation, and the availability of prosecution and defence counsel (an especially relevant factor where a defendant wishes to be represented by a particular barrister) are all factors which will influence the selection of a particular date for trial. Accordingly it is not possible to predict with any degree of accuracy how many of the outstanding cases could proceed to trial immediately assuming the availability of a judge to preside over the proceedings.
At the same time the Government are conscious of the need to keep delays in all court proceedings to a minimum, particularly in respect of criminal proceedings in which the liberty of the subject will often be involved, and recognise the need to do everything possible to avoid unnecessary delays. The noble Lord will be aware that an additional High Court Judge will be appointed shortly with the express purpose of allowing additional judicial resources to be dedicated to the work at Belfast Crown Court.