Soldier F - Non-jury trial in Northern Ireland

Update: Thursday 23 October - Soldier F found not guilty on all counts

Fifteen years ago, this blog published On-going matters in Northern Ireland: a legacy of the Diplock Courts. 

The Bloody Sunday Inquiry Report had just been published - see Law and Lawyers 15^th June 2010.  The Inquiry report may be seen HERE.

The Inquiry was chaired by Lord Saville of Newdigate. In October 2020, he gave evidence to the House of Commons Northern Ireland affairs Committee.

During "The Troubles" in Northern Ireland, Lord Diplock  (1907-1985) suggested a form of non-jury trial for what were known as "scheduled offences." Diplock’s report can be seen here.  

Under the Justice and Security (Northern Ireland) Act 2007 the Diplock court system was replaced by a revised system in which the Director of Public Prosecutions for Northern Ireland may issue a certificate to require trial to  be conducted without a jury. The applicable conditions are in section 1 of the Act. The legislation has been kept in force and was recently extended - see the 2025 Order.

 

Such a trial

has been applied to "Soldier F" who is accused of the murder of James Wray and William McKinney who were among 13 individuals killed on what has become known as "Bloody Sunday" - January 1972. Soldier F is also accused of five counts of attempted murder. All charges are denied.

The trial is before His Honour Judge Patrick Lynch KC and verdict will be delivered on Thursday 23 October.

Section 5 of the 2007 Act. By section 5(4) - No inference may be drawn by the court from the fact that the certificate has been issued in relation to the trial. By section 5(6) - If the court convicts a defendant ...., the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction. By section 5(7) leave is NOT required to appeal a conviction.

Addition 22 October 2025

Judicial Review - [2022] NIQB 23 

*** VERDICT ***

Soldier F found NOT guilty on all counts - BBC News 23 October 2025.

The court’s judgment is at - The King v Soldier F and a SUMMARY has also been published. The summary notes - ‘Whatever suspicions the court may have about the role of F, this court is constrained and limited by the evidence properly presented before it. To convict it has to be upon evidence that is convincing and manifestly reliable. The evidence presented by the Crown falls well short of this standard and signally fails to reach the high standard of proof required in a criminal case; that of proof beyond a reasonable doubt.’

Public Prosecution Service Statement 23 October 2025.