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1.1 The Northern Ireland Legal System (Criminal Court Structure…
1.1 The Northern Ireland Legal System
Criminal Court Structure
Magistrates Court
Youth Court
Age 10-17 and charged with a criminal offense - RM & two lay magistrates
Crown Court
Court of Appeal
UK Supreme Court
Final court of appeal civil & criminal
Cases of major importance only
5 justices usually hear the case - odd number to ensure majority verdict
Only court where proceedings can be televised
Subject to higher law - European Law
Appellate court - highest in NI. Hears appeals from lower courts
2/3 judges & no jury
Hears Civil & Criminal Appeals. Re criminal law has jurisdiction to hear appeals from Crown Court
Allow appeal & acquit defendent. 2. Reduce/vary/increase sentence. 3. Order a re-trial. 4. Dismiss appeal. P7
Non jury trials / Diplock courts
Introduced in the 70's - defendants charged with paramiltary offenses & intimidation / tampering was a risk
Diplock abolished in 2007, but right to non jury trial exists but not restricted to paramilitary offenses
13 locations in NI
Two main functions
All indictable (serious) offenses. Begins with arraignment of accused. Judge & Jury. Right to appeal if given leave to appeal
Appeals against conviction or length of sentence. Matter re-heard and conviction stands or is overturned
Inferior criminal court - re criminal cases, only hears minor offenses.
21 petty session districts in NI
Where the court sits depends on where offence was committed and where defendant resides
One resident magistrate (RM) sits alone, addressed as Your Worship. Sends more serious cases to Crown Court
Max sanction - 18 months imprisonment & £5000 fine.
Civil Court Structure
Magistrates Court
County Court
High Court
Court of Appeal
UK Supreme Court
See Criminal Law
Hears appeals from High Court, County Court & Industrial Tribunals
3 divisions - Queens bench, Chancery & Family
Queens bench - Tort & Contract over £15,000. Supervises inferior courts. Hears county & crown court appeals
Commercial court -National & International Business disputes
Chancery - Equity matters, land & trusts. Bankruptcy.
Family division - Divorce, custody & adoption
Heard by 3 Lord Justices of Appeal, or 10 high court judges
Largest civil court
Cases heard in one of seven county court districts, by county court judges assisted by District Judges
Contract or tort law less than £30,000. Equity matters less than £45,000
District judges hear cases up to £10,000. Less than £2000 heard in the small claims court.
Recovery & title of land.Trusts. Liquor liscences. Undisputed divorces.
Small claims - compensation for faulty goods or unsatisfactory services. Disputes between landlords & tenants or damages to property
Fair Employment & Industrial Tribunals
Generally criminal but will hear cases about liscences, family law, ejectment disputes, debt collection