66.This section 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 a jury court. It also provides that where both scheduled and non-scheduled offences are charged, the case is to be conducted as if all the offences charged were scheduled. 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.
Commentary Part Vii: Northern Ireland Section 75: Mode of trial on indictment