Courts Northern Ireland

Geological Survey of Northern Ireland, Colby House, Stranmillis Court, Malone Lower, Belfast, Northern Ireland UNITED KINGDOM (e-mail mark.coooertdidetlnl.aov.uk)... 

The major problem associated with trace evidence is the possibility of cross transfer to the suspect from some unrelated source. In Northern Ireland there must be a greater contamination risk than in the rest of the United Kingdom, due to the relative abundance of firearms and explosives. Cross-contamination allegations are a frequently used defense in court. Contamination risks have been exaggerated out of all proportion, and all problems in this area stem from the difficulty in providing basic facts, knowledge, and statistics... 

Some of the courts and routes of appeal in Scotland and Northern Ireland are different from those in England. These are shown in Figure 1.2(a) and (b) for criminal and civil cases respectively. 

Described below are the procedures for English courts. Certain of the procedures followed in the courts in Scotland and in Northern Ireland differ from those in English courts. Some indications of these differences are given in Figure 1.2. 

Criminal cases in England are heard in the magistrates courts and in the Crown Court in Scotland mostly in the Sheriff Court, and in the High Court of Justiciary. In Northern Ireland criminal cases are tried in magistrates courts and in the Crown Court. In all three countries the more serious criminal cases are heard before a jury, except in Northern Ireland for scheduled offences under the Northern Ireland (Emergency Provisions) Acts of 1978 and 1987. 

English courts hearing civil actions are the country courts and the High Court in Scotland the Sheriff Court and the Court of Session. In Northern Ireland the County Court and the High Court deal with civil accident claims. Civil cases rarely have a jury in personal injury cases only in the most exceptional circumstances. 

In Northern Ireland the superior courts are the House of Lords and the Supreme Court of Judicature of Northern Ireland. The inferior courts are the magistrates courts and the county courts. 

The hierarchy of courts in Northern Ireland is different from that for the English courts and is shown in Figures 1.6 and 1.7. 

As in England, appointment to the bench and advocacy in the superior courts is at present restricted to barristers. A major difference between the legal system of Northern Ireland and England is the appointment of resident magistrates (RM). They are full-time and legally qualified, with responsibility for minor criminal offences, committal proceedings, and some civil matters. The powers of lay justices of the Peace in Northern Ireland are limited in comparison with jPs in England and Wales. 

Main types of court likely to deal with safety and health issues in England and Wales, Scotland and Northern Ireland. 

The description which follows applies to England and Wales (and, with a few minor differences to Northern Ireland). Only the court functions concerning health and safety are mentioned. Figure 1.2 shows the court hierarchy in schematic form. 

To be renamed as District Judge (Magistrate s Court) under proposals of Justice (Northern Ireland) Bill... 

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