Stormont Launches Review of 'Trial of the Facts' Legal Framework After Eleanor Donaldson Case
The Northern Ireland Departments of Justice and Health have announced a joint review of the legal framework governing 'trials of the facts' — a procedure that allows a jury to determine whether an accused person committed alleged acts without resulting in a criminal conviction — following widespread public concern over the outcome of the Eleanor Donaldson case. The review, to be led by an independent external expert, is scheduled to begin in late October 2026 and report by the end of February 2027.
Background
The 'trial of the facts' procedure is governed by Article 49A of the Mental Health (Northern Ireland) Order 1986 and applies in cases where an accused person is deemed unfit to stand a conventional criminal trial on mental health grounds. Under the procedure, a jury hears evidence and determines whether the accused committed the physical acts alleged — but crucially, a finding that they did does not constitute a criminal conviction. The court's sentencing powers are also significantly curtailed: rather than imprisonment, the available disposals include commitment to a secure hospital, a guardianship order, a supervision and treatment order, or, if none of these is deemed appropriate, an absolute discharge.
Eleanor Donaldson, wife of former DUP leader Jeffrey Donaldson, was found by a jury to have committed acts of aiding and abetting her husband's child sex abuse offences. Because she was deemed unfit to stand trial on mental health grounds, the case proceeded as a trial of the facts. The outcome — a finding of acts committed but no criminal conviction and no prison sentence — provoked significant public anger and prompted calls from across the political spectrum for a review of the legal framework.
Ulster Unionist Party leader Jon Burrows was among the most vocal critics, arguing that the current framework fails to provide adequate justice for victims and inadequate protection for the public. His calls for reform were echoed by victims' groups and legal commentators who noted that the procedure, while designed to balance the rights of the accused with the interests of justice, can produce outcomes that feel deeply unsatisfactory to those who have suffered harm.
Key Developments
The joint review was announced on 17 September 2026 by the Departments of Justice and Health, which confirmed that an external reviewer with relevant expertise would be appointed to lead the process. The terms of reference are currently being finalised, but the review is expected to examine the balance between the needs of victims, public protection, and the health challenges of accused persons who are unfit to plead. It will also consider whether the range of disposals available to courts under the current framework is adequate, and whether the procedure provides sufficient transparency and accountability.
The review is scheduled to commence in late October 2026 and is projected to conclude by the end of February 2027, with a report and recommendations to be published thereafter. Both departments have committed to considering the findings carefully and to bringing forward any necessary legislative changes through the Assembly.
Justice Minister Naomi Long said the review was "necessary and timely," adding that the Donaldson case had "highlighted real questions about whether our legal framework is fit for purpose in cases of this nature." She emphasised that the review would be conducted independently and that its findings would be published in full.
Why It Matters
The 'trial of the facts' procedure exists in various forms across common law jurisdictions, and the tension it embodies — between the rights of a mentally unwell accused and the interests of victims and the public — is not unique to Northern Ireland. However, the Donaldson case has given the issue a particular urgency here, partly because of the high-profile nature of the accused's family connections and partly because the victims in the case were children. The review comes at a moment when public trust in the justice system in Northern Ireland is already under strain, with ongoing controversies over legacy investigations, the handling of historical abuse cases, and the pace of reform within the PSNI. A credible, independent review that produces clear recommendations — and is followed by legislative action — could help restore some of that trust. The risk, as with many such reviews, is that it becomes a mechanism for deferring difficult decisions rather than making them.
Local Impact
Victims' groups across Northern Ireland, including those based in Belfast, Derry, and Newry, have broadly welcomed the review while urging the departments to ensure that victim voices are central to the process. The Northern Ireland Survivor Council, which represents survivors of institutional and domestic abuse, has called for dedicated consultation sessions to be held in communities across the six counties rather than solely in Belfast. The review's findings will have implications for a small but significant number of cases that proceed through the courts each year under the trial of the facts procedure, and legal practitioners at the Bar of Northern Ireland have indicated they will engage actively with the consultation process.
What's Next
The appointment of the independent reviewer is expected to be confirmed by mid-October 2026, with the review formally commencing in late October. A public consultation process is anticipated as part of the review, with details to be published on the Department of Justice website. The final report is due by the end of February 2027, after which the departments will consider the recommendations and bring forward any necessary legislative proposals to the Assembly.
