Week 2 - The Irish Courts System PDF

THE IRISH COURTS SYSTEM EUE: The Irish Legal System What do we know about the Irish Court System?  Constitutional Basis of the Courts Article 34 “Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save...

THE IRISH COURTS SYSTEM EUE: The Irish Legal System What do we know about the Irish Court System?  Constitutional Basis of the Courts Article 34 “Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public”  Constitutional Basis of the Courts Article 34.2 “The Courts shall comprise: i Court of First Instance ii Court of Appeal iii Court of Final Appeal”  Constitutional Basis of the Courts Article 34.3 “The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.” High Court has jurisdiction to strike down legislation. (Art 34.3.2) Will include Courts of Local and Limited jurisdiction.  Summary v Indictable Offences Summary Offences can be decided by a Judge without a Jury Most Road Traffic Offences are Summary Offences Summary Offences cannot exceed a maximum sentencce of 1 year. Indictable Offences must be 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 indictable or summary offences.  Supreme Court Appeal Court of Appeal High Court / Central Criminal Court / Special Criminal Court Circuit Court District Court  District Court Up to 71 judges (64 at the moment, including a President of the District Court) 24 District Court Districts which have 1 or more judges each. Civil Law Cases ⚬ Can only hear cases with claims up to €15,000  District Court Criminal Law cases ⚬ Summary Offences or Indictable offences that can be tried summarily ￭ Judge reviews facts and considers case to be a minor offence Accused Agrees (Why do you think they would) DPP agrees ￭ Not available for ·Murder ·Rape ·Aggravated Assault ·Treason and Piracy No jury Maximum sentence of 2 years or 1 year per offence Maximum fine of €5,000  Small Claims Court The Small Claims Court is run through he District Court Offices. Cases are overseen by one judge and no jury in the District Court. Used to make claims