§ Mr. McNamaraTo ask the Secretary of State for Northern Ireland if she will repeal the Criminal Evidence (Northern Ireland) Order 1998 to reinstate the right to silence; and what steps she takes to ensure that the standard for admitting confession evidence conforms to the Police and Criminal Evidence (Northern Ireland) Order of 1989. [38913]
§ Mr. IngramThere are no plans to amend the Criminal Evidence (Northern Ireland) Order 1988. The Order does not end a defendant's right to remain silent. Rather, it enables a court to draw whatever inferences appear proper when a defendant remains silent in circumstances which clearly call for an explanation.
On the latter point, while the law provides for a lower standard of proof for the admissibility of confession evidence in terrorist cases, that provision is currently 649W under review. In practice, judges apply the higher Police and Criminal Evidence Act 1984 (PACE) standard. Within this framework, the admissibility of confession evidence is subject to judicial discretion.
§ Mr. McNamaraTo ask the Secretary of State for Northern Ireland what plans she has to reinstate the right to trial by jury. [38914]
§ Mr. IngramWhile the Government wish to reinstate jury trial for all offences as soon as circumstances allow, they cannot do so while a serious risk remains of the criminal justice system being undermined, or of defendants not being guaranteed a fair trial. The Government have no current plans to change the mode of trial for terrorist cases heard in the Northern Ireland courts.