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Courts of Northern Ireland

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.

Prior to the partition of Ireland, Northern Ireland was part of the courts system of Ireland. After partition, Northern Ireland's courts became separate from the court system of the Republic of Ireland. Northern Ireland continues to have a separate legal system to the rest of the United Kingdom. There are exceptions to that rule, such as in immigration and military law, for which there is a unified judicial system for the whole United Kingdom.

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. Diplock courts are common in Northern Ireland for crimes connected to terrorism.[1]

Administration of the courts is the responsibility of the Northern Ireland Courts and Tribunals Service.

Supreme Court of the United Kingdom Edit

The Supreme Court of the United Kingdom was created by the Constitutional Reform Act 2005. It took its duties up on 1 October 2009. It is the final court of appeal for cases originating in all parts 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.

Court of Judicature Edit

Supreme Court (Northern Ireland) Act 1942
Act of Parliament
 
Long titleAn Act to provide for the amendment of enactments relating to the Supreme Court of Northern Ireland to correspond with alterations in county court jurisdiction made by the Parliament of Northern Ireland, and to make further provision as respects rules and orders relating to the said Supreme Court.
Citation6 & 7 Geo. 6. c. 2
Dates
Royal assent17 December 1942
Other legislation
Repealed byJudicature (Northern Ireland) Act 1978
Status: Repealed
Judicature (Northern Ireland) Act 1978
Act of Parliament
 
Long titleAn Act to make provision with respect to the constitution, jurisdiction and proceedings of the Supreme Court of Judicature of Northern Ireland; to establish as part of that Court a Crown Court to try indictments and exercise other jurisdiction in Northern Ireland in relation to criminal cases and to abolish courts of assize there and deal with their jurisdiction; to make, as respects Northern Ireland, provision for the administration of courts; to provide for certain rules of law in judicial matters in Northern Ireland and to amend the law regarding county courts, magistrates' courts and justices of the peace in Northern Ireland and otherwise with respect to the administration of justice there.
Citation1978 c. 23
Dates
Royal assent30 June 1978
Other legislation
Repeals/revokes
  • Judges' Lodgings (Ireland) Act 1801
  • Evidence (Ireland) Act 1815
  • Recognizances (Ireland) Act 1817
  • Transfer of Stock (Ireland) Act 1820
  • Public Notaries (Ireland) Act 1821
  • Common Law Procedure (Ireland) Act 1821
  • Clerk of Assize (Ireland) Act 1821
  • Court of Chancery (Ireland) Act 1823
  • Law Costs (Ireland) Act 1823
  • Assizes (Ireland) Act 1825
  • Clerk of the Crown (Ireland) Act 1832
  • Chancery (Ireland) Act 1834
  • Chancery (Ireland) Act 1835
  • Assizes (Ireland) Act 1835
  • Court of Chancery (Ireland) Act 1836
  • Debtors (Ireland) Act 1840
  • Common Law Offices (Ireland) Act 1844
  • Chancery Taxing Master (Ireland) Act 1845
  • Taxing Masters (Ireland) Act 1848
  • Attachment of Goods (Ireland) Act 1850
  • Common Law Procedure Amendment Act (Ireland) 1853
  • Chancery Receivers (Ireland) Act 1856
  • Chancery Appeal Court (Ireland) Act 1856
  • Common Law Procedure Amendment Act (Ireland) 1856
  • Bills of Exchange (Ireland) Act 1864
  • Chancery (Ireland) Act 1867
  • Court of Admiralty (Ireland) Act 1867
  • Chancery and Common Law Offices (Ireland) Act 1867
  • Commissioners for Oaths (Ireland) Act 1872
  • Court of Admiralty (Ireland) Amendment Act 1876
  • County Officers and Courts (Ireland) Act 1877
  • Supreme Court of Judicature Act (Ireland) 1877
  • Supreme Court of Judicature (Ireland) Act 1882
  • Supreme Court of Judicature (Ireland) Act 1887
  • Supreme Court of Judicature (Ireland) Amendment Act 1888
  • County Court Appeals (Ireland) Act 1889
  • Supreme Court of Judicature (Ireland) Act 1897
  • Quarter Sessions Jurors (Ireland) Act 1897
  • Supreme Court of Judicature (Ireland) (No. 2) Act 1897
  • Lunacy (Ireland) Act 1901
  • Law and Procedure (Emergency Provisions) (Ireland) Act 1916
  • Supreme Court of Judicature of Northern Ireland Act 1926
  • Supreme Court (Northern Ireland) Act 1942
Text of statute as originally enacted
Text of the Judicature (Northern Ireland) Act 1978 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Court of Judicature of Northern Ireland is constituted by the Judicature (Northern Ireland) Act 1978. It is a collective body of the superior courts of Northern Ireland, and consists of the following courts:[2]

  • The Court of Appeal in Northern Ireland (Court of Appeal, formally "His Majesty’s Court of Appeal in Northern Ireland"[3])
  • The High Court of Justice in Northern Ireland (High Court, formally "His Majesty's High Court of Justice in Northern Ireland"[3])
  • The Crown Court

Until 1 October 2009, the name of the court was the Supreme Court of Judicature: this was changed to remove the word 'Supreme'[4] 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.

Court of Appeal Edit

The Court of Appeal is the highest court in 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.

A Court of Criminal Appeal existed from 1930 to 1978, when its functions were merged into the new general court of appeal.

High Court Edit

 
The Royal Courts of Justice, Belfast

The High Court of Northern Ireland is split into three divisions: King's Bench Division, Family Division and Chancery Division. The High Court is located in the Royal Courts of Justice, Belfast.[5]

Crown Court Edit

The Crown Court hears more serious criminal cases. These are indictable offences and "either way" offences which are committed for trial in the Crown Court rather than the magistrates' courts.

County courts Edit

 
Downpatrick Courthouse, August 2009

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 were seven county court divisions in Northern Ireland until 2016, when a unified model was adopted.[6]

Subordinate courts Edit

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 hearings 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.

See also Edit

References Edit

  1. ^ "Two jailed for life for killing policeman Stephen Carroll". ITV News. 30 March 2012. They were tried in a 'diplock court' by a judge with no jury; common in Northern Ireland for crimes connected to terrorism.
  2. ^ Section 1, Judicature (Northern Ireland) Act 1978
  3. ^ a b Interpretation Act 1978 sch. 1
  4. ^ Subsection 59(2) of The Constitutional Reform Act 2005
  5. ^ "The Royal Courts of Justice | Department of Justice". November 2017.
  6. ^ "Single Jurisdiction in Northern Ireland". Law Society of Northern Ireland. 31 October 2016. Retrieved 22 October 2020.

Further reading Edit

  • Organisation of justice in Northern Ireland (pdf)
  • (pdf)

External links Edit

  • Northern Ireland Courts and Tribunals Service official website

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The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland they are constituted and governed by the law of Northern Ireland Prior to the partition of Ireland Northern Ireland was part of the courts system of Ireland After partition Northern Ireland s courts became separate from the court system of the Republic of Ireland Northern Ireland continues to have a separate legal system to the rest of the United Kingdom There are exceptions to that rule such as in immigration and military law for which there is a unified judicial system for the whole United Kingdom 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 Diplock courts are common in Northern Ireland for crimes connected to terrorism 1 Administration of the courts is the responsibility of the Northern Ireland Courts and Tribunals Service Contents 1 Supreme Court of the United Kingdom 2 Court of Judicature 2 1 Court of Appeal 2 2 High Court 2 3 Crown Court 3 County courts 4 Subordinate courts 5 See also 6 References 7 Further reading 8 External linksSupreme Court of the United Kingdom EditThe Supreme Court of the United Kingdom was created by the Constitutional Reform Act 2005 It took its duties up on 1 October 2009 It is the final court of appeal for cases originating in all parts 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 Court of Judicature EditSupreme Court Northern Ireland Act 1942Act of Parliament nbsp Parliament of the United KingdomLong titleAn Act to provide for the amendment of enactments relating to the Supreme Court of Northern Ireland to correspond with alterations in county court jurisdiction made by the Parliament of Northern Ireland and to make further provision as respects rules and orders relating to the said Supreme Court Citation6 amp 7 Geo 6 c 2DatesRoyal assent17 December 1942Other legislationRepealed byJudicature Northern Ireland Act 1978Status RepealedJudicature Northern Ireland Act 1978Act of Parliament nbsp Parliament of the United KingdomLong titleAn Act to make provision with respect to the constitution jurisdiction and proceedings of the Supreme Court of Judicature of Northern Ireland to establish as part of that Court a Crown Court to try indictments and exercise other jurisdiction in Northern Ireland in relation to criminal cases and to abolish courts of assize there and deal with their jurisdiction to make as respects Northern Ireland provision for the administration of courts to provide for certain rules of law in judicial matters in Northern Ireland and to amend the law regarding county courts magistrates courts and justices of the peace in Northern Ireland and otherwise with respect to the administration of justice there Citation1978 c 23DatesRoyal assent30 June 1978Other legislationRepeals revokesJudges Lodgings Ireland Act 1801Evidence Ireland Act 1815Recognizances Ireland Act 1817Transfer of Stock Ireland Act 1820Public Notaries Ireland Act 1821Common Law Procedure Ireland Act 1821Clerk of Assize Ireland Act 1821Court of Chancery Ireland Act 1823Law Costs Ireland Act 1823Assizes Ireland Act 1825Clerk of the Crown Ireland Act 1832Chancery Ireland Act 1834Chancery Ireland Act 1835Assizes Ireland Act 1835Court of Chancery Ireland Act 1836Debtors Ireland Act 1840Common Law Offices Ireland Act 1844Chancery Taxing Master Ireland Act 1845Taxing Masters Ireland Act 1848Attachment of Goods Ireland Act 1850Common Law Procedure Amendment Act Ireland 1853Chancery Receivers Ireland Act 1856Chancery Appeal Court Ireland Act 1856Common Law Procedure Amendment Act Ireland 1856Bills of Exchange Ireland Act 1864Chancery Ireland Act 1867Court of Admiralty Ireland Act 1867Chancery and Common Law Offices Ireland Act 1867Commissioners for Oaths Ireland Act 1872Court of Admiralty Ireland Amendment Act 1876County Officers and Courts Ireland Act 1877Supreme Court of Judicature Act Ireland 1877Supreme Court of Judicature Ireland Act 1882Supreme Court of Judicature Ireland Act 1887Supreme Court of Judicature Ireland Amendment Act 1888County Court Appeals Ireland Act 1889Supreme Court of Judicature Ireland Act 1897Quarter Sessions Jurors Ireland Act 1897Supreme Court of Judicature Ireland No 2 Act 1897Lunacy Ireland Act 1901Law and Procedure Emergency Provisions Ireland Act 1916Supreme Court of Judicature of Northern Ireland Act 1926Supreme Court Northern Ireland Act 1942Text of statute as originally enactedText of the Judicature Northern Ireland Act 1978 as in force today including any amendments within the United Kingdom from legislation gov uk The Court of Judicature of Northern Ireland is constituted by the Judicature Northern Ireland Act 1978 It is a collective body of the superior courts of Northern Ireland and consists of the following courts 2 The Court of Appeal in Northern Ireland Court of Appeal formally His Majesty s Court of Appeal in Northern Ireland 3 The High Court of Justice in Northern Ireland High Court formally His Majesty s High Court of Justice in Northern Ireland 3 The Crown CourtUntil 1 October 2009 the name of the court was the Supreme Court of Judicature this was changed to remove the word Supreme 4 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 Court of Appeal Edit The Court of Appeal is the highest court in 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 A Court of Criminal Appeal existed from 1930 to 1978 when its functions were merged into the new general court of appeal High Court Edit nbsp The Royal Courts of Justice BelfastThe High Court of Northern Ireland is split into three divisions King s Bench Division Family Division and Chancery Division The High Court is located in the Royal Courts of Justice Belfast 5 Crown Court Edit The Crown Court hears more serious criminal cases These are indictable offences and either way offences which are committed for trial in the Crown Court rather than the magistrates courts County courts Edit nbsp Downpatrick Courthouse August 2009The 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 were seven county court divisions in Northern Ireland until 2016 when a unified model was adopted 6 Subordinate courts EditBelow 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 hearings 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 See also EditList of courts in Northern Ireland List of lords justices of appeal of Northern Ireland List of High Court judges of Northern Ireland List of judges of the Supreme Court of the United Kingdom Courts of the Republic of Ireland Judiciary of the Republic of Ireland Courts of England and Wales Judiciary of England and Wales Courts of Scotland Judiciary of Scotland Law of the United KingdomReferences Edit Two jailed for life for killing policeman Stephen Carroll ITV News 30 March 2012 They were tried in a diplock court by a judge with no jury common in Northern Ireland for crimes connected to terrorism Section 1 Judicature Northern Ireland Act 1978 a b Interpretation Act 1978 sch 1 Subsection 59 2 of The Constitutional Reform Act 2005 The Royal Courts of Justice Department of Justice November 2017 Single Jurisdiction in Northern Ireland Law Society of Northern Ireland 31 October 2016 Retrieved 22 October 2020 This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations March 2008 Learn how and when to remove this template message Further reading EditOrganisation of justice in Northern Ireland pdf The Court Structure in Northern Ireland pdf External links EditNorthern Ireland Courts and Tribunals Service official website Retrieved from https en wikipedia org w index php title Courts of Northern Ireland amp oldid 1181070187 High Court, wikipedia, wiki, book, books, library,

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