Northern Ireland

Public would be banned from rape trials under new reform proposals

The review was launched following the high-profile trial of rugby players Stuart Olding (left) and Paddy Jackson, who were acquitted earlier this year
The review was launched following the high-profile trial of rugby players Stuart Olding (left) and Paddy Jackson, who were acquitted earlier this year The review was launched following the high-profile trial of rugby players Stuart Olding (left) and Paddy Jackson, who were acquitted earlier this year
By Allison Morris

The public could be banned from courtrooms during rape trials, under sweeping reforms aimed at improving how serious sexual abuse cases are dealt with in Northern Ireland.

Retired judge Sir John Gillen said "turning such courts into a spectacle for voyeuristic entertainment value cannot be in the public interest".

His comments came as a comprehensive review of the judicial system by the former appeal court judge was published for public consultation.

Sir John spoke to over 200 individuals and organisations as part of his review into justice delivery around serious sex abuse cases.

The public will now be asked to give their opinions on the proposals in a consultation which will run until January next year.

Read more:Campaign groups hit out at 'middle class' women remarks in rape case

Among the recommendations are that the public be restricted in their access to rape trials, while the press will be permitted to report on such cases in the interest of open and accountable justice.

The proposals also suggest that provisions should be put in place to allow children and vulnerable adults to give pre recorded evidence at an early date, with the view to rolling this out to all cases of rape and serious sex abuse.

Steps are to be taken to speed up the process of getting such cases to court. Northern Ireland has the worst delays in the UK and Ireland with some cases talking almost three years from being reported to making it to trial.

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Complainants in serious abuse cases should be provided with publicly funded legal representation, SirJohn has recommended.

At present complainants are treated as witnesses for the state and do not have independent legal representation, either before or during the trial.

Legislation should be introduced to manage the dangers of social media and juries should be educated and warned about the dangers of looking at social media commentary before and during trials.

This would, Sir John says, reduce the risk of the complainants anonymity being breached.

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During the recent Belfast rape trial involving high profile rugby players Paddy Jackson and Stuart Olding, the complainant's identity was revealed on social media. One man has since been charged with breaching the lifetime ban on naming the young woman.

A juror in the case was also probed for contempt after posting comments online after the trial.

Sir John has recommended legislation to introduce a specific offence for any juror who intentionally seeks information in relation to a case, with penalties of up to two years in prison.

Mainstream media are to be asked to turn off the public comment sections of court reports posted online during trials and legislation should be introduced to hold social media platforms liable for legally objectionable material posted by service users, the 432 page report recommends.

Live tweeting during trials should be "universally banned " in criminal cases, unless specific permission is granted to the press.

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"In just a decade, the rapid growth of easy online communication threatens to dissolve the protective walls that are built around a complainant's anonymity", Sir John said.

Further protection of anonymity is proposed, with the use of ciphers applied to a complainant's identity, including on the initial charge sheet and bill of indictment, the image of the complainant should not be publicly displayed during hearings, with Sir John also recommending extending anonymity for complainants to beyond their death.

In combating 'rape myths' Sir John said this was not just a matter for the judicial system in isolation with early education for young people and an advertising campaign to dispel such myths recommended.

Training for solicitors and barristers on the issues of the most common myths should take place and juries need instruction, possibly in the form of a short video to be shown before they hear any evidence.

Sir John said; "Sexual crime is one of the worst violations of human dignity.

"My aim is to recommend improvements in the ways in which our justice system deals with serious sexual crime, while ensuring delivery of a timely, fair and just hearing for complainants and defendants.

"I have published my preliminary report for consultation to ensure that no voice is left unheard on this important and much needed review".

Sir John Gillen's report can be viewed at gillenreview.org responses can be made by telephone, letter or email at enquiries@gillenreview.org or ringing 02890261361 or writing to The Gillen Review 6th Floor, Millennium House, 25 Great Victoria Street, Belfast BT2 7AQ..