UK Launches Review of Legal Framework for Trials of the Facts

In the wake of the Eleanor Donaldson trial, the United Kingdom's legal framework governing trials of the facts is under review. The initiative, announced by ministers, aims to examine the procedures in cases where the accused does not participate in court proceedings.

The review is scheduled to commence in late October and conclude by the end of February 2027. An external reviewer will be appointed to conduct the assessment.

Trials of the facts share similarities with normal criminal trials, involving a prosecution presenting evidence before a judge and jury. However, a key distinction is that the accused does not play a role in the proceedings and is not required to be present in court. Eleanor Donaldson was not present for any part of her four-week trial.

Despite the absence of the accused, a legal team represents them. Lawyers can question witnesses, challenge evidence, and make legal submissions on behalf of their clients. Ian Turkington KC, for instance, represented Eleanor Donaldson, cross-examining witnesses and delivering closing remarks.

The potential outcomes of a trial of the facts also differ from standard criminal trials. Instead of a verdict of guilty or not guilty, the jury determines whether the accused committed the offense with which they were charged. The focus is on the alleged actions rather than the defendant's state of mind at the time.

In a typical criminal trial, juries also consider whether the defendant possessed the necessary mental faculties to be guilty of the offense. For trials of the facts, the standard of proof remains the same: the jury must be convinced beyond all reasonable doubt that the accused committed the alleged acts.

While an accused cannot be convicted in a trial of the facts, they can be acquitted if the jury finds that they did not commit the alleged acts.