Circuit Court (Ireland)
Encyclopedia
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes which are tried in either the High Court of the Special Criminal Court. On the civil side the Circuit Court has a considerable parallel jurisdiction — including equitable remedies — with the High Court but normally cannot award damages of more than €38,092. The Circuit Court also hears de novo
De novo
In general usage, de novo is a Latin expression meaning "from the beginning," "afresh," "anew," "beginning again." It is used in:* De novo transcriptome assembly, the method of creating a transcriptome without a reference genome...

appeals from the District Court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...

 in both civil and criminal matters.

The Circuit Court consists of a President and thirty-three ordinary judges. It is composed of eight circuits, each of which cover an ad hoc region of the state.

Jurisdiction

The Irish constitution permits the creation of courts of "local and limited jurisdiction". The local nature of the Circuit Court exists in the manner in which each circuit of the court only has jurisdiction to consider matters arising within its assigned county or counties. And the limited nature occurs in the manner in which it can only adjudicate over matters which are expressly indicated to be within its jurisdiction by statute.

This having been said a considerable number of powers are conferred on the Circuit Court by statute, which as a result frequently has parallel jurisdiction with the High Court. Probably the most significant difference between the Circuit Court and the High Court is that the Circuit Court has no jurisdiction to question the constitutionality of any statue or even to hear arguments to that effect, a matter which the Irish Constitution reserves solely the High and Supreme
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...

 courts.

Civil

The civil jurisdiction of the Circuit court is limited to a compensation claim not exceeding €38,092 and for actions involving real property with a rateable value of less than €254, although the parties in an legal action can agree to lifting these limits by agreeing to unlimited jurisdiction. Divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

 and judicial separation, and contentious probate cases can also heard provided that the value of any real property in a settlement is within the jurisdiction of the court. Unlike the District Court
District Court (Ireland)
The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...

 and in common with the High Court, the Circuit Court has a full equitable jurisdiction
Equitable remedy
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...

.

Civil matters heard in the Circuit Court can be appealed to the High Court.

Criminal

The Court tries all indictable offences (i.e. those triable by a judge and jury) with the exception of certain offences (murder, aggravated murder, treason, rape, piracy and genocide) that are reserved for the Central Criminal Court. Terrorist offences and offences with an organised crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

 element can be heard by the non-jury Special Criminal Court
Special Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure...

.

Decisions of the Circuit Court in criminal matters can be appealed to the Court of Criminal Appeal
Court of Criminal Appeal (Ireland)
The Court of Criminal Appeal of Ireland hears appeals of indictable offences tried in the Circuit Court, the Central Criminal Court and the Special Criminal Court....

.

Appellate

The Court hears de novo appeals from the District Court. When hearing appeals Circuit Court judges have the same powers as a District Court judge and so cannot give higher sentences or award more damages than a District Court judge could do.

The President of Circuit Court

The office of the President of the Circuit Court was established under the Courts of Justice Act 1947. The current president is his Honour Judge Matthew Deery who was appointed in 2005. His predecessors were:
  • His Honour Judge George William Shannon (1947–1959)
  • His Honour Judge Barra Ó Briain (1959–1973)
  • His Honour Judge John Charles Conroy (1973–1975)
  • His Honour Judge John James Durcan (1975–1977)
  • His Honour Judge Thomas Joseph Neylon (1977–1986)
  • His Honour Judge Thomas Francis Roe (1986–1990)
  • His Honour Judge Peter O'Malley (1990–1991)
  • His Honour Judge Francis Robert Spain (1991–1997)
  • His Honour Judge Diarmuid P Sheridan (1998)
  • His Honour Judge Esmond Smyth (1998–2005)

Circuits

CircuitCounty
Dublin Circuit Dublin
County Dublin
County Dublin is a county in Ireland. It is part of the Dublin Region and is also located in the province of Leinster. It is named after the city of Dublin which is the capital of Ireland. County Dublin was one of the first of the parts of Ireland to be shired by King John of England following the...

Cork Circuit Cork
County Cork
County Cork is a county in Ireland. It is located in the South-West Region and is also part of the province of Munster. It is named after the city of Cork . Cork County Council is the local authority for the county...

Northern Circuit Leitrim
County Leitrim
County Leitrim is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Leitrim. Leitrim County Council is the local authority for the county...

Donegal
County Donegal
County Donegal is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Donegal. Donegal County Council is the local authority for the county...

Cavan
County Cavan
County Cavan is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Cavan. Cavan County Council is the local authority for the county...

Monaghan
County Monaghan
County Monaghan is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Monaghan. Monaghan County Council is the local authority for the county...

Midland Circuit Laois
County Laois
County Laois is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It was formerly known as Queen's County until the establishment of the Irish Free State in 1922. The county's name was formerly spelt as Laoighis and Leix. Laois County Council...

Roscommon
County Roscommon
County Roscommon is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the town of Roscommon. Roscommon County Council is the local authority for the county...

Longford
County Longford
County Longford is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It is named after the town of Longford.Longford County Council is the local authority for the county...

Sligo
Offaly
County Offaly
County Offaly is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It is named after the ancient Kingdom of Uí Failghe and was formerly known as King's County until the establishment of the Irish Free State in 1922. Offaly County Council is...

Westmeath
County Westmeath
-Economy:Westmeath has a strong agricultural economy. Initially, development occurred around the major market centres of Mullingar, Moate, and Kinnegad. Athlone developed due to its military significance, and its strategic location on the main Dublin–Galway route across the River Shannon. Mullingar...

Eastern Circuit Louth
County Louth
County Louth is a county of Ireland. It is part of the Border Region and is also located in the province of Leinster. It is named after the town of Louth. Louth County Council is the local authority for the county...

Meath
County Meath
County Meath is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the ancient Kingdom of Mide . Meath County Council is the local authority for the county...

Wicklow
County Wicklow
County Wicklow is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Wicklow, which derives from the Old Norse name Víkingalág or Wykynlo. Wicklow County Council is the local authority for the county...

Kildare
County Kildare
County Kildare is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Kildare. Kildare County Council is the local authority for the county...

South Western Circuit Limerick
County Limerick
It is thought that humans had established themselves in the Lough Gur area of the county as early as 3000 BC, while megalithic remains found at Duntryleague date back further to 3500 BC...

Kerry
County Kerry
Kerry means the "people of Ciar" which was the name of the pre-Gaelic tribe who lived in part of the present county. The legendary founder of the tribe was Ciar, son of Fergus mac Róich. In Old Irish "Ciar" meant black or dark brown, and the word continues in use in modern Irish as an adjective...

Clare
County Clare
-History:There was a Neolithic civilisation in the Clare area — the name of the peoples is unknown, but the Prehistoric peoples left evidence behind in the form of ancient dolmen; single-chamber megalithic tombs, usually consisting of three or more upright stones...

South Eastern Circuit Carlow
County Carlow
County Carlow is a county in Ireland. It is part of the South-East Region and is also located in the province of Leinster. It is named after the town of Carlow, which lies on the River Barrow. Carlow County Council is the local authority for the county...

Tipperary
County Tipperary
County Tipperary is a county of Ireland. It is located in the province of Munster and is named after the town of Tipperary. The area of the county does not have a single local authority; local government is split between two authorities. In North Tipperary, part of the Mid-West Region, local...

Kilkenny
County Kilkenny
County Kilkenny is a county in Ireland. It is part of the South-East Region and is also located in the province of Leinster. It is named after the city of Kilkenny. The territory of the county was the core part of the ancient Irish Kingdom of Osraige which in turn was the core of the Diocese of...

Waterford
County Waterford
*Abbeyside, Affane, Aglish, Annestown, An Rinn, Ardmore*Ballinacourty, Ballinameela, Ballinamult, Ballinroad, Ballybeg, Ballybricken, Ballyduff Lower, Ballyduff Upper, Ballydurn, Ballygunner, Ballylaneen, Ballymacarbry, Ballymacart, Ballynaneashagh, Ballysaggart, Ballytruckle, Bilberry, Bunmahon,...

Wexford
County Wexford
County Wexford is a county in Ireland. It is part of the South-East Region and is also located in the province of Leinster. It is named after the town of Wexford. In pre-Norman times it was part of the Kingdom of Uí Cheinnselaig, whose capital was at Ferns. Wexford County Council is the local...

Western Circuit Galway
County Galway
County Galway is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the city of Galway. Galway County Council is the local authority for the county. There are several strongly Irish-speaking areas in the west of the county...

Mayo
County Mayo
County Mayo is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Mayo, which is now generally known as Mayo Abbey. Mayo County Council is the local authority for the county. The population of the county is 130,552...


External links

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