Assizes (Ireland)
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The courts of assizes or
assizes The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
were the higher criminal
court A court is any person or institution, often as a government 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 ...
in
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
outside Dublin prior to 1924 (and continued in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
until 1978). They have now been abolished in both jurisdictions.


Jurisdiction

The assizes had jurisdiction outside Dublin over the most serious criminal offences, such as
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and murder. Persons accused of these crimes would first come before the
petty session Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The session ...
s, where a
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
or resident magistrate would decide if there was sufficient evidence to justify a trial. If such evidence existed, the magistrate would issue a bill of
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
and refer the matter to a
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
, which would decide if the bill was correct and supported by evidence, issuing an indictment. The assizes themselves consisted of a judge of the
Court of King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...
, or after the Judicature (Ireland) Acts, the
High Court of Justice in Ireland The High Court of Justice in Ireland was the court created by the Supreme Court of Judicature Act (Ireland) 1877 to replace the existing court structure in Ireland. Its creation mirrored the reform of the courts of England and Wales five years ea ...
, sitting with a petty jury.


Commissions

In Dublin city and county, there were no assizes. Until 1729 serious criminal trials were held at the
Court of King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...
. That year the Dublin Commission Court was established, having the commissions of
oyer and terminer In English law, oyer and terminer (; a partial translation of the Anglo-French ''oyer et terminer'', which literally means "to hear and to determine") was one of the commissions by which a judge of assize sat. Apart from its Law French name, the ...
and
gaol delivery The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
which elsewhere were held by the assizes. Technically there were separate city and county commissions; the same judges sat on each, but the
Lord Mayor of Dublin The Lord Mayor of Dublin ( ga, Ardmhéara Bhaile Átha Cliath) is the honorary title of the chairperson ( ga, Cathaoirleach, links=no ) of Dublin City Council which is the local government body for the city of Dublin, the capital of Ireland. The ...
formally presided at the city commission's opening. The Commission Court sat six times a year, latterly at
Green Street Court House Green Street Courthouse () is a courthouse between Green Street and Halston Street in the Smithfield area of Dublin, Ireland. It was the site of many widely discussed criminal trials from 1797 until 2010, when the Criminal Courts of Justice ...
.;
MCI (1835) ''Rpt Appendix: Dublin'', p.45
/ref> The city of
Belfast Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
, which became a
county borough County borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland, to refer to a borough or a city independent of county council control, similar to the unitary authorities created since the 1990s. An equivalent ter ...
under the
Local Government (Ireland) Act 1898 The Local Government (Ireland) Act 1898 (61 & 62 Vict. c. 37) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that established a system of local government in Ireland similar to that already created for England, ...
, gained a City Commission on the Dublin model after becoming the capital of
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
under the
Government of Ireland Act 1920 The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill ...
. Sir
Denis Henry Sir Denis Stanislaus Henry, 1st Baronet, (7 March 1864 – 1 October 1925), was an Irish lawyer and politician who became the first Lord Chief Justice of Northern Ireland. Henry was born in Cahore, Draperstown, County Londonderry, the son of ...
, the first
Lord Chief Justice of Northern Ireland The Lord Chief Justice of Northern Ireland is a judge who is the appointed official holding office as President of the Courts of Northern Ireland and is head of the Judiciary of Northern Ireland. The present Lord Chief Justice of Northern Irela ...
, was instrumental in establishing it as part of the
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 I ...
.


Abolition


Republic of Ireland

In the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
the assizes were abolished under the
Courts of Justice Act, 1924 The Courts of Justice Act 1924 ( ga, Acht Cúirteanna Breithiúnais, 1924) was an Act of the Oireachtas (No. 10 of 1924) that established a new system of courts for the Irish Free State (now Ireland or the Republic of Ireland). Among the new co ...
. However, murder, rape and
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
(the latter is now extremely rarely prosecuted) must still be heard by a High Court judge and a jury. When this court sits in
Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
, it is called the Central Criminal Court, when it sits (twice yearly) elsewhere it is the High Court on Circuit. Less serious indictable offences are heard by the Circuit Court.


Northern Ireland

After the
partition of Ireland The partition of Ireland ( ga, críochdheighilt na hÉireann) was the process by which the Government of the United Kingdom of Great Britain and Ireland divided Ireland into two self-governing polities: Northern Ireland and Southern Ireland. I ...
, the jurisdiction of the High Court of Justice was transferred in Northern Ireland to the High Court of Northern Ireland and judges of that Court now sat at Assizes. The Assizes, and the Belfast City Commission, were abolished under the Judicature (Northern Ireland) Act 1978 and replaced by a single
Crown Court in 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 I ...
.


References

{{reflist Courts of Ireland before 1922 Courts of Northern Ireland