Jim O'Callaghan

Two reports were published in 2023 after a review group chaired by retired Court of Appeal judge Mr Justice Michael Peart failed to reach a consensus on the future of the Offences Against the State Acts 1939-1985.

While all members of the group agreed that the Acts should be repealed, four members backed the establishment of a new non-jury court while two suggested non-jury trials could take place where necessary without the need for a standing court.

The government has now said it accepts the recommendations of the majority report and will seek to develop detailed proposals for legislative reform based on them.

In the meantime, the Acts will be renewed pending the implementation of those reforms.

Justice minister Jim O’Callaghan said: “The Offences against the State Act has served the State well and fulfils a vital role in our criminal justice system.

“However, an updated approach is now required to fit the modern security landscape. Accepting the recommendations of the majority report sets a clear direction for reform.

“Given the importance of the Acts over many decades, proposals for reform must be thoroughly considered and approached with the utmost care. This is to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime.”

He added: “Trial by jury is an important, though not unqualified, right under our Constitution.

“The review group proposal recognises, and it is clear to me as minister for justice, that a non-jury court remains necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate.”