Unfortunately your link is broken - here's a brief-ish summary - apologies for the AI which has invaded my google
A trial of the facts is a legal process to determine whether a defendant committed the alleged act when they are unfit to plead, without establishing criminal guilt.
Purpose and Legal Basis
A trial of the facts is used in England, Wales, and Northern Ireland when a court determines that a defendant is unfit to stand trial due to mental incapacity or serious health issues
Unlike a standard criminal trial, it does not determine guilt or innocence. Instead, it focuses solely on whether the defendant carried out the alleged act
The process ensures that any restrictions on the defendant’s liberty are justified by evidence of their actions, even if their intention was impaired by delusion or incapacity
The procedure is governed by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 and, in Northern Ireland, by Article 49A of the Mental Health (Northern Ireland) Order 1986
How the Process Works
During a trial of the facts:
The prosecution presents evidence against the defendant before a judge and jury, similar to a normal trial
The defendant does not participate actively and may not even be present in court
Witnesses can be called, and the defendant’s lawyers may question witnesses and challenge evidence
The jury decides only whether the defendant committed the act, not whether they are criminally guilty
The defendant cannot be convicted, but they can be acquitted if the jury finds they did not commit the act
Possible Outcomes
If the jury finds that the defendant committed the act, the court may impose one of several measures instead of a traditional sentence:
Hospital order for treatment under the Mental Health Act 1983
Supervision or guardianship orders requiring compliance with conditions and treatment in the community
Absolute discharge if no suitable order is applicable Wikipedia+2
These measures are designed to protect the public while addressing the defendant’s medical or mental health needs.
Notable Examples
In 2018, Ivor Bell, a former IRA leader with vascular dementia, was found unfit to plead in a case regarding the disappearance of Jean McConville Wikipedia.
More recently, in 2026, a trial of the facts was conducted for Eleanor Donaldson, who was deemed unfit to plead in her husband Jeffrey Donaldson’s case Wikipedia.
The process has also been used in high-profile cases involving politicians, such as former Labour MP Margaret Moran and Lord Greville Janner, to determine the facts even when the accused could not participate www.thedetail.tv.
Key Distinction
The trial of the facts differs from a criminal trial in that it does not assign criminal responsibility or lead to imprisonment. Its primary function is to establish the truth of the allegations and allow the court to impose appropriate protective or supervisory measures based on the defendant’s actions