Supreme Court
The Supreme Court is the court of final appeal in Ireland. It sits in the Four Courts in Dublin.
Composition of the Court
The Supreme Court is made up of the President of the Court (the Chief Justice) and seven ordinary judges. The President of the High Court is also ex officio (because of his/her office) an additional judge of the court. Where one of the ordinary judges of the Supreme Court is President of the Law Reform Commission the number of ordinary judges may be increased by one. Under section 5 of the Courts (No. 2) Act 1997 the number of judges may also be exceeded by one where a former Chief Justice serves as a judge of the Supreme Court. Additionally, where, because of the illness of a judge of the Supreme Court, or for any other reason, an insufficient number of judges of the Supreme Court is available for the transaction of the business of the court the Chief Justice may request any ordinary judge or judges of the High Court to sit as a member of the Supreme Court for the hearing of a matter. Any judge so requested is then an additional member of the court for that hearing.
For procedural appeals or cases which do not involve major legal issues the court would normally consist of three judges. In cases where the constitutionality of a statute is challenged or where important issues of law arise a court of five judges will sit. Seven judges may sit to hear cases of exceptional importance, such as the reference of a Bill to the court under Article 26 of the Constitution.
The Supreme Court may sit in two or more divisions at the same time.
The Chief Justice
Apart from sitting as a member of the Supreme Court, the Chief Justice also sits alone to deal with applications for the appointment of Notaries Public and Commissioners for Oaths and in an administrative capacity for case management lists. The Chief Justice is also ex officio an additional judge of the High Court.
Matters Dealt With
The main business of the court is to hear appeals from decisions of the High Court in proceedings that were commenced in the High Court. The court also deals with matters referred to it by way of case stated from a judge of the Circuit Court or of the High Court. This can occur where a question of law arises in the lower court which the parties (or one of them) request should be submitted to the Supreme Court for its opinion. An appeal can also be brought to the Supreme Court from a decision of the Court of Criminal Appeal. Such an appeal can, however, only be brought where the Court of Criminal Appeal itself, or the Attorney General or Director of Public Prosecutions certifies that its decision involves a point of law of exceptional public importance and that it is desirable, in the public interest, that an appeal should be taken to the Supreme Court on that point of law. In addition, section 34 of the Criminal Procedure Act 1967 provides that where, on a question on law, a verdict in favour of an accused person is found by direction of the trial judge, the Attorney General may, without prejudice to the verdict in favour of the accused, refer the question of law to the Supreme Court for determination.
The right of appeal to the Supreme Court from the Central Criminal Court was abolished by section 11 of the Criminal Procedure Act 1993 except for a reference by the Attorney General of a question of law under section 34 of the Criminal Procedure Act 1967 or in so far as the decision of the Central Criminal Court relates to the validity of any law having regard to the provisions of the Constitution.
In addition to its appellate jurisdiction, the Supreme Court also has some original jurisdiction under the Constitution. Article 12 of the Constitution provides that only the Supreme Court, consisting of not less than five judges, can establish whether the President of Ireland has become permanently incapacitated. Article 26 provides for a reference to the Supreme Court by the President (after consultation with the Council of State) of Bills of the type prescribed in the section for a decision as to whether any such Bill or specified provision or provisions of the Bill is or are repugnant to the Constitution.
Hearing of Appeals
Except in very exceptional cases the Supreme Court does not hear the evidence of witnesses. Appeals are heard on the basis of the documents that were before the lower court and a transcript of the oral evidence (where available) or, failing that, on counsel’s agreed note of the evidence as approved by the trial judge.
Listing of Appeals
With the exception of urgent appeals which have been given priority, appeals are listed for hearing in the order in which they become ready for hearing. When all necessary books of appeal have been lodged in the Supreme Court Office and the appellant has certified that the appeal is ready for hearing the appeal is included in a list of cases to be allocated dates according to the date of lodgement of the certificate of readiness. Dates are allocated each legal term for the following term in consultation with the Chief Justice. Application may be made to the Chief Justice to allocate a priority hearing date in cases where exceptional urgency or importance can be shown.
Pronouncements of Decisions
Occasionally, the decision of the court is given directly following the hearing of an appeal in an ex tempore judgment. More frequently, however, because of the complexity of the issues involved, the court reserves its judgment to give full consideration to the matters raised in the hearing and the legal authorities cited. The court then delivers a considered written judgment at a later date, of which the parties are notified in advance.
The decision of the Supreme Court is that of the majority; although each judge may deliver a separate judgment whether assenting or dissenting. The exception to this principle arises in the case of a decision by the Supreme Court on a question as to the validity of a law having regard to the provisions of the Constitution. In such a case the Constitution provides that the decision shall be pronounced by such judge as the court shall direct and that no other opinion on such question shall be pronounced nor shall the existence of any such other opinion be disclosed. A similar provision applies in the case of a reference of a Bill by the President under Article 26 of the Constitution.
Hearings
The Constitution provides that justice shall be administered in public save in such special and limited cases as may be prescribed by law. Supreme Court sittings in the vast majority of cases are therefore open to the public. The main exceptions are family law and Succession Act cases.
High Court
The High Court consists of the President and thirty-six ordinary judges. The President of the Circuit Court and the Chief Justice are, by virtue of their office, additional judges of the High Court. The High Court has full jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal. Its jurisdiction also extends to the question of the validity of any law having regard to the Constitution. The High Court acts as an appeal court from the Circuit Court in civil matters. It has power to review the decisions of certain tribunals. It may also give rulings on questions of law submitted by the District Court. A person granted bail in the District Court may apply to the High Court to vary the conditions of bail. If the District Court refuses bail, application may be made to the High Court. A person charged with murder can only apply to the High Court for bail. The High Court exercising its criminal jurisdiction is known as the Central Criminal Court.
The High Court sits in Dublin to hear original actions. It also hears personal injury and fatal injury actions in several provincial locations (Cork, Galway, Limerick, Waterford, Sligo, Dundalk, Kilkenny and Ennis), at specified times during the year. In addition, the High Court sits in provincial venues to hear appeals from the Circuit Court in civil and family law matters.
Matters coming before the High Court are normally heard and determined by one judge but the President of the High Court may decide that any cause or matter or any part thereof may be heard by three judges in what is known as a divisional court.
Circuit Court
The Circuit Court consists of the President and thirty-seven ordinary judges. The President of the District Court is, by virtue of their office, an additional judge of the Circuit Court. The country is divided into eight circuits with one judge assigned to each circuit except in Dublin, where ten judges may be assigned, and Cork, where there is provision for three judges. There are twenty-six Circuit Court Offices throughout Ireland with a County Registrar in charge of the work of each office. The Circuit Court is a court of limited and local jurisdiction. The work can be divided into four main areas: civil, criminal, family law and jury service. The Circuit Court sits in venues in each circuit. Sittings vary in length from one day to three weeks and are generally held every two to four months in each venue in the circuit. Dublin and Cork have continual sittings throughout each legal term.
Civil Business
The civil jurisdiction of the Circuit Court is a limited one unless all parties to an action consent, in which event the jurisdiction is unlimited. The limit of the court’s jurisdiction relates mainly to actions where the claim does not exceed €38,092.14 and the rateable valuation of land does not exceed €252.95.
Family Law
The Circuit and High Court have concurrent jurisdiction in the area of family law. The Circuit Court has jurisdiction in a wide range of family law proceedings (judicial separation, divorce, nullity and appeals from the District Court). In hearing such cases the Circuit Court has jurisdiction to make related orders, including custody and access orders and maintenance and barring orders. Applications for protection and barring orders may also be made directly to the Circuit Court. Applications to dispense with the three-month notice period of marriage are also dealt with by the Circuit Court.
Criminal
In criminal matters the Circuit Court has the same jurisdiction as the Central Criminal Court in all indictable offences except murder, rape, aggravated sexual assault, treason, piracy and related offences. This jurisdiction is exercisable in the area where the offence has been committed or where the accused person has been arrested or resides. However, in Circuit Courts outside Dublin the trial judge may transfer a trial to the Dublin Circuit Criminal Court on application by the prosecution or the defence and if satisfied that it would be unjust not to do so. Criminal cases dealt with by the Circuit Criminal Court begin in the District Court and are sent forward to the Circuit Court for trial or sentencing. Where a person is sent forward to the Circuit Criminal Court for trial the case is heard by judge and jury although a person can change their plea to guilty and dispense with a trial. Indictable offences of a minor nature are heard in the District Court where the accused person consents.
Jury Selection
Responsibility for jury selection for the Circuit Criminal Courts rests with the County Registrar in each of the twenty-six counties. Juries for the Central Criminal Court and the High Court are called in Dublin. The Jury Office attached to the Dublin Circuit Court Office is responsible for calling juries for the Dublin Circuit Criminal Court, the Central Criminal Court and certain civil actions, such as defamation, assault and false imprisonment in the High Court.
Appeals from the District Court
Decisions of the District Court can be appealed to the Circuit Court with some exceptions. Appeals proceed by way of a full rehearing and the decision of the Circuit Court is final.
The Circuit Court also acts as an appeal court for appeals from the decisions of the Labour Court and the Employment Appeals Tribunal.
District Court
The District Court consists of a President and sixty-three ordinary judges. The country is divided into twenty-four districts with one or more judges permanently assigned to each district and the Dublin Metropolitan District. Generally the venue at which a case is heard depends on where an offence was committed or where the defendant resides or carries on business or was arrested. Each District Court Office (with the exception of the Dublin Metropolitan District Court) deals with all elements of the work of the District Court. The District Court is a court of local and summary jurisdiction. The business of the District Court can be divided into four categories: criminal, civil, family law and licensing. The District Court has a limited appellate jurisdiction in respect of decisions made by statutory bodies and in these appeals the decision of the District Court is final except where a point of law is at issue. In such instances an appeal can be taken to the High Court. The District Court also deals with miscellaneous actions such as actions taken under the Control of Dogs Acts, applications for citizenship, applications to amend birth and marriage certificates and applications under the Environmental Protection Act 1992 for orders in connection with noise reduction.
Civil Business
The civil jurisdiction of the District Court in contract and most other matters is where the claim or award does not exceed €6,348.69.
Criminal Business
The District Court exercising its criminal jurisdiction deals with four particular types of offences.
Summary offences – these are offences for which there is no right of trial by judge and jury. This makes up the bulk of the criminal work of the District Court; these offences are exclusively statutory in origin.
Indictable offences tried summarily – with the consent of the accused and the DPP and the judge being of the opinion that the facts constitute a minor offence.
Indictable offences – other than certain offences including rape, aggravated sexual assault, murder, treason and piracy where the accused pleads guilty and the DPP consents, and the judge accepts the guilty plea. Otherwise, the accused is sent forward to the Circuit Court on his signed plea of guilty for sentencing.
Indictable offences not tried summarily. With regard to these offences, a Book of Evidence is served on the accused. The judge considers the Book of Evidence and any submissions on behalf of the defence or the prosecution. If the judge is of the opinion that there is a sufficient case to answer, the accused is sent forward to the Circuit Court or Central Criminal Court for trial.
Family Law
The District Court has a wide jurisdiction in the family law area. Proceedings are not heard in open court and are as informal as is practicable.
Domestic Violence
Under the Domestic Violence Act 1996, there are two main types of remedies – safety orders and barring orders.
Guardianship of Children
Under the Guardianship of Infants Act 1964, as amended by the Status of Children Act 1987, the District Court can make custody and access orders and appoint guardians. It also has jurisdiction to establish paternity in relation to any child, with regard to an application for custody, access or maintenance.
Maintenance
Under the Maintenance of Spouses and Children Act 1976 (as amended) the District Court can award maintenance to a spouse and child(ren). The maximum that can be awarded to a spouse is €500 per week and for a child €150 per week. To enforce the order the court can direct that all payments be paid through the District Court Office, make attachment of earnings or issue a warrant for the arrest of the defaulting debtor.
Child Care
Under the Child Care Act 1991, health boards [now the HSE] can make a number of applications to court for orders.
Licensing
The District Court also has wide powers in relation to liquor and lottery licensing.
Reproduced by kind permission of the Courts Services, more information at www.courts.ie.