Monday 16 May 2011

"The Irish court system"

This is a very brief feature-type overview of the Irish court structure.  It is written in broadsheet style as part of an in-class exercise.

THE Irish court system is based on a hierarchical structure that features several distinct types of courts, each of which deal with slightly different types of offences across various areas of the State.

At the bottom of the hierarchy sits the District Court, which operates on a local basis and deals mostly with low-level cases of a mostly civil, family law and licensing nature.

In civil business, the court’s jurisdiction extends only to cases where the claim or award does not exceed €6,349.

It also deals with issues such as amendments to birth and marriage certificates; applications for citizenship; and it has jurisdiction over issues such as the non-payment of rent and orders relating to noise reduction.  The District Court does not have a sitting jury.

The next level features the Circuit Court which operates within a structure comprised of eight distinct regions, within which the court “rotates” and moves from venue to venue over a period of time to hear cases.

This court deals with civil and criminal cases of a more serious matter than those heard in the District Court, although it still does not deal with serious criminal offences such a murder, rape or sexual assault.

In civil cases, the court only hears cases in which the claim does not exceed €38,092.  The Circuit Court hears appeals from the District Court.  The Circuit Court sits with a judge and a 12-person jury.

The High Court sits at the next level and deals with serious cases such as murder, as well as civil cases that fall outside of the jurisdiction of the Circuit Court – such as defamation cases.

Whereas the maximum financial level of damages in civil cases heard at the District and Circuit level are capped, the damages awarded at the High Court level are unlimited.

The High Court has the power to determine whether any particular law conforms to the Irish Constitution.

Next in the hierarchy comes the Central Criminal Court, which is the criminal arm of High Court and hears only these types of cases.  The court normally sits with a judge and a 12-person jury.

The Special Criminal Court is a special type of court that hears cases in which the details of the case are such that there is a possibility of jury intimidation, and therefore the possibility of justice not being adequately administered.  In order to address this issue, the court sits not with a jury but simply with three judges.  This court also hears any case that due to its content, and/or the personality or reputation of its defendants, has the potential to result in possible breakdown of public peace and order.

The Criminal Appeals Court hears appeals from the Circuit-, High-, and Central Criminal Courts.  The court sits without a jury and instead consists of a judge from the Supreme Court, alongside two judges from the High Court.

The Supreme Court is the highest court in the land and its main business is to hear appeals to decisions originating from High Court cases; in exceptional circumstances, the Supreme Court also acts as an appeals court for cases referred from the Criminal Appeals Court.

Rather than hearing standard cases, the court is used in an advisory capacity by the lower courts where a question of the law arises.  The Supreme Court can also be used by the Irish President, where the President can consult it to verify whether proposed legislation conforms to the Irish Constitution.

No comments: