The courts of Northern Ireland are the
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
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 ...
s responsible for the
administration of justice
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to ...
in Northern Ireland: they are constituted and governed by the
law of Northern Ireland
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of ...
.
Prior to 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 ...
, Northern Ireland was part of the courts system of
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 ...
. 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
Diplock courts were criminal courts in Northern Ireland for non-jury trial of specified serious crimes ("scheduled offences"). They were introduced by the Northern Ireland (Emergency Provisions) Act 1973, used for political and terrorism-relat ...
" were introduced to try people charged with paramilitary activities. Diplock courts are common in Northern Ireland for crimes connected to terrorism.
Administration of the courts is the responsibility of the
Northern Ireland Courts and Tribunals Service
The Northern Ireland Courts and Tribunals Service ( ga, Seirbhís Cúirte Thuaisceart Éireann; Ulster-Scots: ''Norlin Airlan Coort Service'') runs the courts of Northern Ireland. It is an agency of the Department of Justice for Northern Ireland. ...
.
Supreme Court of the United Kingdom
The
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
was created by the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
. 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
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
.
Court of Judicature
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:
*The Court of Appeal in Northern Ireland (Court of Appeal, formally "His Majesty’s Court of Appeal in Northern Ireland"
[Interpretation Act 1978 sch. 1]
/ref>)
*The High Court of Justice in Northern Ireland (High Court, formally "His Majesty's High Court of Justice in Northern Ireland"[)
*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' on 1 October 2009 when the relevant provisions of the ]Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
came into force establishing the Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
.
Court of Appeal
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 Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
. 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
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
The Royal Courts of Justice in Chichester Street, Belfast is the home of the Court of Judicature of Northern Ireland established under the ''Judicature (Northern Ireland) Act 1978''. This comprises the Northern Ireland Court of Appeal, High Cour ...
.
Crown Court
The Crown Court hears more serious criminal cases. These are indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s 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 were seven county court divisions in Northern Ireland until 2016, when a unified model was adopted.
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 hearing
Within some criminal justice, criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecuto ...
s 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
*List of courts in Northern Ireland
Central courts
Royal Courts of Justice
The Royal Courts of Justice are situated in lower Chichester Street, Belfast opposite the Waterfront Hall and beside Laganside Courts. It is the location of the high court and court of appeal of Northern ...
*List of Lords Justices of Appeal of Northern Ireland
The Northern Ireland Court of Appeal sits in the Royal Courts of Justice in Belfast, hearing appeals on points of law in criminal and civil cases from all courts. It is the highest court in Northern Ireland, subject to review only by the Supre ...
*List of High Court judges of Northern Ireland
This is a list of High Court judges of Northern Ireland, arranged by order of appointment, as of 16 December 2022:
#The Hon Mr Justice O'Hara,
#The Hon Mr Justice Colton,
# The Hon Madam Justice McBride,
#The Hon Mr Justice McAlinden,
#The ...
*List of judges of the Supreme Court of the United Kingdom
This is a list of Justices of the Supreme Court of the United Kingdom since its creation on 1 October 2009 upon the transfer to the Supreme Court of the United Kingdom of the judicial functions of the House of Lords.
The court comprises a Presi ...
*Courts of the Republic of Ireland
The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil ...
/ Judiciary of the Republic of Ireland
The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil ...
*Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
/ Judiciary of England and Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges ...
*Courts of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial ...
/ Judiciary of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they ...
*Law of the United Kingdom
The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of ...
References
Further reading
Organisation of justice in Northern Ireland
(pdf)
The Court Structure in Northern Ireland
(pdf)
External links
Northern Ireland Courts and Tribunals Service
official website
{{DEFAULTSORT:Courts Of Northern Ireland
Law of Northern Ireland
Northern
Northern may refer to the following:
Geography
* North, a point in direction
* Northern Europe, the northern part or region of Europe
* Northern Highland, a region of Wisconsin, United States
* Northern Province, Sri Lanka
* Northern Range, a ra ...