9.These sections make special judicial arrangements for prosecutions relating to paramilitaries and the situation in Northern Ireland and evidential provision in relation to such prosecutions. The most significant provisions are set out below:
Section 65 and Schedule 9 define which offences qualify for special treatment because they are terrorist offences or are offences related to the situation in Northern Ireland (“scheduled offences”) and give the Attorney General a discretion in certain cases to certify that an offence should not be treated as a scheduled offence.
Section 67 provides that in the case of a scheduled offence bail cannot be granted by a magistrate. The provision owes it origin to the fact that prior to its introduction, when magistrates were dealing with bail applications in terrorist cases, the courts became crowded with people who tried to intimidate the court.
Sections 72 and 73 provide that time limits may be set for the stages of proceedings leading up to trial in scheduled cases. The power has never been used, although an administrative time limit scheme is in operation.
Section 75 provides for the mode of trial on indictment of scheduled offences to be by a court sitting without a jury – "a Diplock trial" – but with all the powers, authorities and jurisdiction of the jury court. The Diplock Court system dates back to 1972 when the Diplock Commission found that the jury system as a means of trying terrorist crime was under strain and in danger of breaking down. It highlighted the danger of perverse acquittals and intimidation of jurors. There is an unfettered right of appeal from the decision of the trial judge.