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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 Court Service.
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House of Lords
The House of Lords is the highest court of appeal in Northern Ireland. In practice, only the Law Lords hear the appeals. It was abolished by the Supreme Court of Judicature Act 1873, but an election was held before the act came into force, and the new Parliament passed the Supreme Court of Judicature Act 1875 which amended the first Act to preserve the House of Lords' judicial function. The Constitutional Reform Act 2005 will transfer these functions to the Supreme Court of the United Kingdom.
The Supreme Court of Judicature
The Supreme Court is now constituted by the Judicature (Northern Ireland) Act 1978. It 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")
When all the provisions of the Constitutional Reform Act 2005 come into force the Supreme Court of Judicature will become known as the Court of Judicature. This change is being made consequent to the establishment of the Supreme Court of the United Kingdom by that Act.
Court of Appeal
The Court of Appeal in Northern Ireland is highest court specifically of Northern Ireland. Appeal from the Court of Appeal lies to the House of Lords. 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. There are 7 county court divisions in Northern Ireland.
Subordinate courts
Below the High Court are several classes of courts. Magistrates' courts (including youth courts and family 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.
Additionally, there is the Enforcement of Judgments Office, and coroners' courts, which investigate the circumstances of sudden, violent or unnatural deaths.
References
- ^ Section 1, Judicature (Northern Ireland) Act 1978
External links
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Wikipedia content modification information:
- This page was last modified on 1 September 2008, at 17:08.
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