Courts of Northern Ireland
Encyclopedia
The courts of Northern Ireland are the civil
and criminal
court
s responsible for the administration of justice
in Northern Ireland
: they are constituted and governed by Northern Ireland law
.
The United Kingdom
does not have a single unified judicial system — England and Wales
have one system, Scotland
another, and Northern Ireland
a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal
's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals
for England, Wales, and Scotland (but not Northern Ireland).
In order to overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts
" were introduced to try people charged with paramilitary activities. This system, however, was ended in 2007.
Administration of the courts is the responsibility of the Northern Ireland Courts and Tribunals Service.
was created by the Constitutional Reform Act 2005
. It took its duties up on 1 October 2009. It is the highest court of appeal in Northern Ireland, hearing ultimate appeals from all the courts of the United Kingdom, other than Scottish criminal cases.
The Supreme Court has taken over the appellate jurisdiction formerly vested in the House of Lords
.
The title of the court was changed on 1 October 2009 when the relevant provisions of the Constitutional Reform Act 2005
came into force establishing the Supreme Court of the United Kingdom
.
.
and "either way" offences which are committed for trial in the Crown Court rather than the magistrates' courts.
in more serious criminal cases
. They are divided into 21 petty sessions districts. The Crown Court hears all serious criminal cases which are committed to trial. When sitting as family proceedings courts the magistrates' courts hear proceedings brought under the Children (Northern Ireland) Order 1995.
Additionally, there is the Enforcement of Judgments Office, and coroners' courts
, which investigate the circumstances of sudden, violent or unnatural deaths.
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s responsible for the administration of justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
: they are constituted and governed by Northern Ireland law
Northern Ireland law
Northern Ireland law refers to the legal system of statute and common law operating in Northern Ireland since Northern Ireland was established as a separate jurisdiction within the United Kingdom in 1921.-Background:...
.
The United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
does not have a single unified judicial system — England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
have one system, Scotland
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
another, and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal
Asylum and Immigration Tribunal
The Asylum and Immigration Tribunal was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions...
's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
for England, Wales, and Scotland (but not Northern Ireland).
In order to overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts
Diplock courts
The Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
" were introduced to try people charged with paramilitary activities. This system, however, was ended in 2007.
Administration of the courts is the responsibility of the Northern Ireland Courts and Tribunals Service.
Supreme Court of the United Kingdom
The Supreme Court of the United KingdomSupreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
was created by the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
. It took its duties up on 1 October 2009. It is the highest court of appeal in Northern Ireland, hearing ultimate appeals from all the courts of the United Kingdom, other than Scottish criminal cases.
The Supreme Court has taken over the appellate jurisdiction formerly vested in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
.
Court of Judicature
The Court of Judicature of Northern Ireland is constituted by the Judicature (Northern Ireland) Act 1978. Until 1 October 2009 its name was the Supreme Court of Judicature. The Court of Judicature is the most important superior court of Northern Ireland. It consists of the following courts:- The Court of Appeal ("Her Majesty’s Court of Appeal in Northern Ireland")
- The High Court ("Her Majesty’s High Court of Justice in Northern Ireland")
- The Crown Court ("Her Majesty’s Crown Court in Northern Ireland")
The title of the court was changed on 1 October 2009 when the relevant provisions of the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
came into force establishing the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
Court of Appeal
The Court of Appeal in Northern Ireland is the highest court specifically of Northern Ireland. Appeal from the Court of Appeal lies to the Supreme Court of the United Kingdom. The Court of Appeal hears appeals from the Crown Court, High Court, county courts, courts of summary jurisdiction and tribunals.High Court
The High Court in Northern Ireland is, like its English equivalent, split into three divisions: Queen's Bench Division, Family Division and Chancery Division. The High Court is located in the Royal Courts of Justice, BelfastRoyal Courts of Justice, Belfast
The Royal Courts of Justice in Belfast is the home of the Court of Judicature of Northern Ireland established under the Judicature Act 1978. This comprises the Northern Ireland Court of Appeal, High Court of Northern Ireland and the Crown Court in Northern Ireland...
.
Crown Court
The Crown Court in Northern Ireland hears more serious criminal cases. These are indictable offencesIndictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
and "either way" offences which are committed for trial in the Crown Court rather than the magistrates' courts.
County courts
The county courts are the main civil courts. While higher-value cases are heard in the High Court, the county courts hear a wide range of civil actions, consumer claims, and appeals from magistrates' courts. The county courts are called family care centres when hearing proceedings brought under the Children (Northern Ireland) Order 1995 and appeals from the family proceedings courts. There are seven county court divisions in Northern Ireland.Subordinate courts
Below the High Court are several classes of courts. Magistrates' courts (including youth courts, family proceedings courts and domestic proceedings courts) hear less-serious criminal cases and conduct preliminary hearingsPreliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
in more serious criminal cases
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
. They are divided into 21 petty sessions districts. The Crown Court hears all serious criminal cases which are committed to trial. When sitting as family proceedings courts the magistrates' courts hear proceedings brought under the Children (Northern Ireland) Order 1995.
Additionally, there is the Enforcement of Judgments Office, and coroners' courts
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
, which investigate the circumstances of sudden, violent or unnatural deaths.
External links
- Northern Ireland Courts and Tribunals Service official website