I have already covered the District Court and Circuit Court in previous posts, so the next logical step is to examine the High Court. Legally established by section 2 of the Courts (Establishment and Constitution) Act, 1961, it is empowered with full original jurisdiction by Article 34.3.1 of Bunreacht na hEireann. This means that it has full power “to determine all matters and questions whether of law or fact, civil or criminal”.
The High Court consists of a President (currently the Honourable Mr. Justice Nicholas Kearns, appointed in October 2009) and 36 ordinary judges. The Chief Justice and the President of the Circuit Court are ex officio members.
Civil cases are usually heard by one judge sitting alone, although cases of defamation, assault and battery, false imprisonment, and malicious prosecution all require a jury. Though rare, cases of particular importance (for example, a constitutional issue which is in the public interest) are heard by three judges. Criminal matters require a judge and jury. Continue reading
Following on from my previous post regarding the District Court, I will now outline the main features of the Circuit Court, which was established under section 4 of the Courts (Establishment and Constitution) Act, 1961.
The Circuit Court is comprised of a President (currently Mr. Justice Raymond Groarke, appointed in June 2012), and 37 ordinary judges. As befits the appointment, the President of the District Court is also an ex officio member of the Circuit Court.
There are 8 Circuits in Ireland – Dublin, Cork, Eastern, South Eastern, Western, South Western, Northern, and Midlands. (Only Dublin and Cork sit continually throughout the legal year; sittings in other Circuits are of varying lengths.) At any given time, 10 judges are assigned to the Dublin Circuit, 3 to the Cork Circuit, and one each to the remaining Circuits. In civil matters, one judge sits alone, whereas criminal matters are heard by a judge and 12 jury members. Continue reading
Article 34 of the Constitution deals with the composition of the courts system of Ireland. It sets up not only the High Court (34.3.1) and Supreme Court (34.4.1), but also other courts “of local and limited jurisdiction” (34.3.4). However, it was only in 1961 with the passing of the Courts (Establishment and Constitution) Act that an official structure was put in place – that of the District Court, Circuit Court, Court of Criminal Appeal, High Court, and Supreme Court. What follows is a brief summary of the structure, function and jurisdiction of the District Court: