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The Structure of the courts in Northern Ireland
The House of Lords
The House of Lords is the final Court of Appeal in the United Kingdom and hears
appeals on points of law in cases of major importance.
The Court of Appeal
The Court of Appeal sits at the Royal Courts of Justice in Belfast. There are 4
judges of the Court of Appeal including the Lord Chief Justice, who is the
President. The Court of Appeal hears appeals in civil matters from the High
Court and in criminal matters from the Crown Court. It also hears appeals on
points of law from the county courts, magistrates’ courts and certain tribunals.
A Court of Appeal case will usually be heard by 3 judges.
The High Court
In Northern Ireland civil justice is administered mainly by the High Court and
the county courts. The High Court handles cases with amounts of greater value or
certain complex cases or applications, such as judicial review, while the county
courts deal with cases of lesser value.
Crown Court
In ordinary criminal cases (those that do not involve terrorist-type offences),
if a defendant pleads not guilty, a jury of 12 men and women (members of the
public) decides whether he or she is guilty.
There is no jury in cases that involve terrorist-type offences and only the
judge decides whether the defendant is guilty or not. In both types of case,
only the judge decides the sentence. In certain circumstances the defendant may
appeal to the Court of Appeal.
County Court
County courts are where everyday civil disputes are heard. Typical cases involve
the recovery of debts, trespass or negligence. A judge decides on the outcome.
The county court also hears appeals from the magistrates’ courts. The judge
listens to the evidence and decides whether he or she agrees with the
District Judge (Magistrates' Courts) conviction and the sentence.
Small Claims Court
Small claims courts are designed to allow certain types of small claims to be
decided informally in the county court, usually without the need for a solicitor
or barrister. A district judge decides these claims. The method of dealing with
the case is known as ‘arbitration’. The person making the claim is called the
‘applicant’ and the person who the claim is being made against is called the
‘respondent’.
Magistrates’ Court
All criminal cases - even the most serious, such as murder - are first heard in
the magistrates’ court. Although many cases are entirely dealt with by a
magistrates’ court, the more serious ones are sent or committed to a Crown Court
to be heard. In some cases the defendant can decide whether their case should be
heard by a District Judge (Magistrates' Courts) or in a Crown Court. In a magistrates’ court the
District Judge (Magistrates' Courts) listens to the evidence and decides whether the person accused of the
offence (the defendant) is guilty and, if so, fixes the sentence.
Youth Court
The youth court hears cases involving people aged between 10 and 17inclusive.
For those aged under 16, a parent, guardian or social worker is asked to attend.
There are tight restrictions on the public attending, and the press reporting,
youth court proceedings.
Coroners’ Court
There are seven coroners’ districts in Northern Ireland. Coroners inquire into
deaths reported to them that appear to be unexpected or unexplained; as a result
of violence or an accident; as a result of negligence; or from any cause other
than natural illness or disease. A coroner may consider it is necessary to hold
an inquest into a particular death, and he or she may also direct a post-mortem
examination. This may be followed by the holding of a formal inquest, which may
either be presided over by the coroner only or by a coroner with the assistance
of a jury. The purpose of an inquest is to establish how, when and where the
death occurred. An inquest does not decide questions of criminal or civil
liability.
Enforcement of Judgments Office
The Enforcement of Judgments Office (EJO) enforces court orders. The EJO also
provides the following services:
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Gives access to search the public register of judgments.
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Issues Notices of Intention -warning debtors that their debt may be lodged for
full enforcement if it is not fully paid within 10 days.
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Provides creditors with reports as to the assets and liabilities of the
debtors they are enforcing against.
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Makes
appropriate court orders to recover the debt.
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