It is sad that we find ourselves once again standing up and making statements about the Special Criminal Court without any of the issues that it raises having been advanced by this Government. My colleague, Deputy Gary Gannon, has just mentioned the Peart review. As a party, many of our positions would align more closely with the minority report of the Peart review. Essentially, what we have here is a parallel system within our criminal justice system where people can, technically, be tried for the same crime in different courts that have vastly different conviction rates, one of which is not a jury court. If we want to experience equality before the law, one of the principles we should be upholding is that it is absolutely reasonable for people to expect to be tried by a jury of their peers. This for me is one of the huge issues, but besides that I believe the principle of presumption of innocence is undermined by the continuation of this parallel system. Even if we park all of the principles around it, one of the biggest issues is the actual practical development. As long as we hive off the issue of jury intimidation and remove juries from certain courts so that we do not have to deal with jury intimidation from what we anticipate would happen, and rightly so, we will never actually deal with jury intimidation in our main courts. That is something this Government has to deal with. The Government has to lock horns with it and tackle it. There are a lot of ways in which juries need support in the existing system, never mind getting into intimidation, but right now we cannot get the data around it. We do not really know the grounds on which the decision is made to deal with jury intimidation by creating an entirely separate system for trying those offences. I need to see from this Government the research, the data and the consultation. Consultation was supposed to follow from the Peart review but this Government has not even dealt with the Hederman review, which was in the early 2000s. There is so much work that needs to be done to ensure we do not find ourselves year after year up on our feet talking about the lack of balance between human rights and what is absolutely and rightly preventing gangland crime.
Sentiment score: -0.14