Allocating crime for trial in Northern Ireland

• Author: Right Hon. Lord Justice Mccollum
• Position: Lord Justice of Appeal for Northern Ireland
• Pages: 15-20

ALLOCATING CRIME FOR TRIAL

IN NORTHERN IRELAND

THE RIGHT HON. LORD JUSTICE MCCOLLUM*

I. THE MAGISTRATES’ COURTS AND THE CROWN COURT

Criminal proceedings are heard in the Magistrates’

Courts or Crown Court depending on the seriousness of the

charge.

The Magistrates’ Court, or Petty Sessions, is an

inferior court of record, and is principally governed by the

Magistrates’ Courts (Northern Ireland) Order 1981. The

Court is staffed by 17 Resident Magistrates who sit without a

jury to try minor offences in a less formal environment than

the Crown Court.

Northern Ireland is divided into 7 County Court

divisions, consisting of 21 Petty Sessions districts. All Crown

Court matters are commenced in the Magistrates’ Court with

committal proceedings. Proceedings are generally heard in

the district or division in which the matter has arisen. When

committing a defendant to the Crown Court the Resident

Magistrate is required to have regard to the convenience of

the parties and witnesses, the expedition of the trial and any

directions of the Lord Chancellor.1

The Crown Court was established by the Judicature

(Northern Ireland) Act, 19782 and is a branch of the Supreme

Court of Judicature of Northern Ireland.3 The Lord Chief

Justice is President of the Crown Court, which is staffed by

Lords Justices of Appeal, High Court judges and County

15 Judicial Studies Institute Journal [3:1

3 Judicature (Northern Ireland) Act, 1978, s. 1.

2 Judicature (Northern Ireland) Act, 1978, s. 4.

1 Judicature (Northern Ireland) Act, 1978, s. 48(1).

* Lord Justice of Appeal for Northern Ireland.