Irish Courts System Overview

The Irish Courts System

• The Irish court system is based on constitutional provisions, specifically Article 34.
• Article 34 states justice will be administered in courts established by law, by judges appointed by the Constitution, in public.
• Article 34.2 outlines the composition of the courts as a Court of First Instance, Court of Appeal, and a Court of Final Appeal.
• Article 34.3 details the High Court, a component of the First Instance Court, with full original jurisdiction in both civil and criminal matters. This court can even strike down legislation.
• Additional courts of local and limited jurisdiction also exist.

Summary vs Indictable Offences

• Summary offences are decided by a judge without a jury.
• Most road traffic offences are summary offences.
• Summary offences have a maximum sentence of one year.
• Indictable offences are tried by a judge and jury.
• Some indictable offences can be tried summarily if requested by the judge, accused, or DPP.
• Some offences can be tried as both indictable or summary.

Court Structure

• The court structure is represented as a pyramid, with the Supreme Court at the apex and the District Court at the base.
• Appeals can be heard from the lower courts going up through the system.
• The courts in order from Top to Bottom
  • Supreme Court
  • Court of Appeal
  • High Court/Central Criminal Court/Special Criminal Court
  • Circuit Court
  • District Court

District Court

• The District Court has up to 71 judges.
• There are 24 district court districts, with one or more judges in each.
• It handles civil cases with claims up to €15,000.
• Criminal cases involving summary offenses or indictable offenses that can be tried summarily are dealt with.
• Some offenses are not available such as Murder, Aggravated Assault, Rape, Treason and Piracy.
• The maximum sentence for a minor offense is 2 years or 1 year per offense. The maximum fine is €5,000.
• The Small Claims Court operates through the District Court Offices.
• Claims less than €2000 can be made in the Small Claims Court without a solicitor.

Circuit Court

• The Circuit Court has up to 45 judges.
• There are 8 circuits.
• The Court has jurisdiction over cases involving claims up to €75,000 (€60,000 for personal injury) and land disputes up to €3,000,000.
• Jury trials are not used in civil cases.
• Criminal trials involving a jury of 12 are available. A unanimous verdict isn't required, even if 10/12 agree after at least two hours' consideration
• The Court can hear all non-minor criminal offenses excluding Murder, Rape, aggravated sexual assault, Treason, Piracy, and related offences.

High Court

• The High Court is the highest court for starting legal proceedings.
• The High Court consists of 36 ordinary judges and a President.
• The President of the Circuit Court, the President of the Court of Appeal and the Chief Justice are also judges in the High Court.
• The High Court is based in Four Courts, Dublin and can hear cases elsewhere.
• The High Court can sit with a jury for more serious civil cases such as cases for damages over assault and 9/12 jurors need to agree on a verdict.
• Cases are usually heard by a single judge, but the High Court President can designate three judges to hear a case. This is known as a divisional court.

Central Criminal Court

• Criminal cases referred from the High Court are heard by the Central Criminal Courts.
• The court is part of the High Court and usually holds proceedings in Dublin.
• The Central Criminal Court handles cases involving 12 jurors, where 10/12 must agree for a verdict.
• Usually a single judge presides, but in special circumstances, multiple judges may be involved.
• The Central Criminal Court hears cases related to treason, encouragement/concealing treason, offenses relating to obstructing government/the president, murder/attempted murder/conspiracy to murder, piracy, and offenses under the Genocide Act 1973

Special Criminal Court

• Established under the Offences Against the State Act 1939.
• The court is composed of 3 judges without a jury.
• The mandate is handling terrorism- and organized crime-related cases
• An appeal from this court can be heard by the Court of Appeal.

Court of Appeal

• The Court of Appeal hears appeals from the Circuit Court, High Court, Central Criminal Court, and Special Criminal Court.
• It is composed of 17 ordinary judges and a President.
• Established in 2014 by the Court of Appeal Act 2014.
• Hears appeals for civil matters on decisions or questions of law.
• In criminal matters, the Court hears appeals questioning the severity/leniency of a sentence, alleged miscarriages of justice, or decisions not to order a retrial.
• The DPP can also appeal on a point of law, without overturning a "not guilty" verdict.

Supreme Court

• The Supreme Court is the highest court of appeal.
• It comprises 9 judges (the Chief Justice, President of the High Court, and President of the Court of Appeal).
• It may hear appeals from the High Court and Court of Appeal in cases of public importance or in the interest of justice.
• The Supreme Court can examine the constitutionality of a bill.
• A bill may be referred to the Supreme Court for scrutiny.
• Cases can be heard by 3 or 7 judges (5 in cases of constitutional issues)

The Irish Judiciary (Judges)

• Judges are appointed by the President of Ireland on the advice of the government.
• Article 13.9 of the Constitution outlines the process.
• Judges are full-time professionals and the judiciary needs to be diverse reflecting society
• There may be issues with this as the government appoints judges.
• It is not up to the president to decide which person should be appointed as a judge.
• Judges can be removed for stated misbehaviour & resolution of both houses. The importance of judicial independence should be stressed.
• Judicial independence is crucial as it is evident by the Sheedy and Curtain cases that questioned the impartiality of judges.

Judge Nomination Procedure

• Three groups representing a Judicial Appointments Advisory Board (JAAB) nominate candidates for a new High Court judge position.
• Each nominee gives a speech to highlight experience, qualifications, and potential societal impact.
• Other groups vote on the presented nominees and the person with the most votes becomes the new judge.

Discussion

• Should public opinion overturn Supreme Court decisions, and if so, why?

This quiz explores the framework of the Irish court system as outlined by Article 34 of the Constitution. It covers the different court types, their functions, and distinctions between summary and indictable offences. Test your understanding of how justice is administered in Ireland!