Courts of Northern Ireland


Courts of Northern Ireland
Northern Ireland

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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 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.

Contents

Supreme Court of the United Kingdom

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 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.

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[1]:

  • 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[2] 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

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, Belfast.

Crown Court

The Crown Court in Northern Ireland 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

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 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.

References

  1. ^ Section 1, Judicature (Northern Ireland) Act 1978
  2. ^ Subsection 59(2) of The Constitutional Reform Act 2005

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