Borderwise Booklets
Issue 1
10TH January 2007
Going South – Legal System
©
NIACAB (Northern Ireland Association of Citizens Advice Bureaux)
This booklet
provides general advice and information for people living in Northern Ireland who want to move to the Republic of Ireland to live. It includes an explanation on
how the legal system operates and gives a general description of the courts and
the criminal justice system. The information included may also be relevant to those
who have a right to take legal proceedings in Ireland.
S8 Going South - Legal System
This leaflet is
for you if you live in the Northern Ireland (NI) and you want to move to
Republic of Ireland (ROI) to live or if you have a right to take legal proceedings
in ROI. It provides details of how the legal system operates and gives a
general description of the courts and criminal justice system.
The information
in this leaflet was compiled in December 2007
The Courts System
Overall
responsibility for the administration of justice rests with the Attorney
General and the Department of Justice, Equality and Law Reform.
The Attorney
General (AG) is appointed by the government and is the government’s legal
advisor. The AG’s Office provides legal advice to the government and to
government departments and offices. When people sue the State, the AG is
involved. The AG must be involved in all cases where constitutional issues
arise.
Office of the
Attorney General,
Government
Buildings,
Upper Merrion Street,
Dublin 2,
Phone +353 1 6314000
Fax +353 1 6761806
www.attorneygeneral.ie
Department of
Justice, Equality and Law Reform
94 St. Stephens
Green
Dublin 2
Tel: + 353 1 6028202
www.justice.ie
The
Courts Service
The Courts
Service manages the courts, maintains and manages court buildings and
facilities, provides support services for judges and provides information for
the public. The Courts Service is not responsible for the administration of
justice - that is the function of judges.
The Courts Service,
Phoenix Street North,
Smithfield,
Dublin 7
Tel: (01) 888 6000
Website: www.courts.ie
The Different Courts
The main courts
in ROI are:
District Court
The District Court
is organised on a regional basis. There are 23 District Court Districts all
over Ireland, including the Dublin Metropolitan District. Each District is in
turn divided into District Court areas.
Nearly all
criminal cases start in the District Court. The more serious cases are then
sent forward to other courts. The District Court itself deals with minor
offences, for example, most road traffic offences. You do not have a right to a
trial by jury for a minor offence. The District Court may also deal with more
serious offences in certain circumstances but, in these cases, you must be told
of your right to a jury trial and you must be given the option of having such a
trial. The maximum prison sentence that the District Court may impose for any
one offence is 12 months. The Court may also impose fines.
In civil cases
the District Court can award damages of up to €6,348.69.
This court also
has power to make various family law orders such as maintenance, custody and access
and barring orders. It grants certain licences such as a licence to extend the
opening hours of pubs in the area, dance licences and lottery licences.
You have the
right to appeal to the Circuit Court against any decision of the District
Court.
Small Claims Court
The Small Claims
Court is particularly important for dealing with consumer complaints. It is
not a separate court but is a special procedure which is available in the
District Court in cases where the claim is less than €2,000. The procedure
involved is simple and you do not need legal assistance. You go to the Small
Claims Registrar at your local District Court. You fill out an application
form and you pay a fee of €15. The Registrar then tries to solve the dispute
without a court hearing. If this does not succeed, the case goes to the
District Court for a hearing. There is no further charge for a hearing and you
do not need legal assistance for the hearing.
If the amount of
money involved is more than the Small Claims Court limit, then you may have to
take your case to District Court (for amounts up to €6,348.69), the Circuit
Court (for amounts up to €38,092.14) or the High Court (no limit).
Circuit Court
There are eight
circuits in the country. A Judge of the Circuit Court travels to towns within
the circuit to hear cases. When the Circuit Court is hearing criminal cases it
is called the Circuit Criminal Court. There is always a jury in these cases.
The Circuit Criminal Court can deal with all criminal charges except those
specifically reserved for the Central Criminal Court.
You may appeal to
the Court of Criminal Appeal against a decision of the Circuit Court in a
criminal case.
In civil cases
the maximum damages which the Circuit Court can award is €38,092.14.
You may appeal to
the High Court against a decision of the Circuit Court in a civil case.
Special
Criminal Court
The Special
Criminal Court deals with certain offences of a subversive or terrorist nature
for example, firearms offences. Three judges sit on the Special Criminal
Court. There is no jury. You may appeal to the Court of Criminal Appeal against
a decision of the Special Criminal Court.
High Court
The High Court
can award unlimited damages in civil cases. The High Court also deals with
Wards of Court, the winding-up of companies (e.g. appointment of receivers and
liquidators), and injunctions in, for example, labour disputes. It may be
consulted on points of law by the lower courts. It is the Court in which you
may argue that legislation is contrary to the Constitution. It is also the
Court in which you can look for a judicial review of government actions.
Central
Criminal Court
The Central
Criminal Court is the High Court when it is hearing criminal cases. There are
certain crimes which may only be heard in this court. They are murder, rape,
offences involving attacks on the organs of state and crimes such as treason,
piracy and genocide. This Court also deals with criminal trials under the
Competition Acts.
You may appeal to
the Court of Criminal Appeal against a decision of the Central Criminal Court.
Court of
Criminal Appeal
This is the court
to which you appeal against decisions of either the Circuit Criminal Court, the
Special Criminal Court or the Central Criminal Court. There is a limited right
of appeal from it to the Supreme Court. This Court is made up of one Supreme
Court judge and two High Court judges.
Supreme Court
This is the
highest domestic court. You may appeal to it against most decisions of the High
Court. The President is the only person who can go directly to the Supreme
Court - she may ask it to look into the constitutionality of legislation which
she has been asked to sign. Other people only get to the Supreme Court after
going through one of the lower courts.
Court of
Justice of the European Communities
Issues of EU law
which arise in the domestic courts may be referred to the European Court of
Justice.
The Personal Injuries Assessment Board (PIAB)
The PIAB is the
statutory body which assesses compensation for personal injuries in the
following civil actions:
·
employer’s liability –
if you take an action against your employer because of negligence or breach of
duty during employment
·
motor vehicle actions
·
public liability –
that is, if you take an action against a property owner because of injuries
which occurred while you were using the property concerned
These cases must
first of all be referred to the PIAB. In most cases the time limit for
submitting a claim is 2 years. You cannot
take a claim to a court without the authorisation of the Board. The PIAB cannot
deal with your claim if liability is in dispute.
You may have
legal advice and representation when your case is being handled by the PIAB but
the costs of any legal advice will not be awarded against either party.
In order to
reduce the need for legal advice, the Board operates a helpline for claimants.
This will give help with, among other things, filling up the forms.
You do not have
to accept the assessment of the PIAB. If you or the other party do not accept the
assessment, you will be authorised to take a court case.
The Personal
Injuries Assessment Board
P.O. BOX 8
Clonakilty
Co. Cork
Tel:
LoCall 1890 829 121
www.piab.ie
The Criminal Justice System
The Gardai (Police)
The Garda Síochána
is the Irish national police force and is more commonly referred to as the Gardai. It has responsibility for
carrying out all policing duties in the Irish State. In addition, it provides
State security services and carries out all criminal and traffic law
enforcement. The Garda Commissioner who is appointed by the Government, is
responsible for the day to day running of the force. It is organised into six
operational regions - these are further divided into divisions and districts. The
Gardai are responsible for the investigation of most crime and for traffic
control. For further information:
www.garda.ie
Garda Ombudsman
Commission
The Garda
Síochána Ombudsman Commission (GSOC) is the independent, statutory
agency that deals with complaints from the general public about
members of the Garda Síochána. If you consider that a member of the Garda
Síochána committed an offence or was guilty of discourtesy, neglect of duty,
abuse of authority etc. you may complain to the Commission. The complaint may
be resolved informally or there may be a formal investigation.
Garda Síochána Complaints Board
Block 1, 5th Floor, Irish Life Centre,
Lower Abbey Street, Dublin 1.
Tel: (01) 872 8666
The Garda Síochána Inspectorate
was established in July 2006. It deals with the overall policing
performance of the Garda Síochána with regard to its operation and
administration and it advises on best policing practice. The Garda Siochana
Inspectorate will be introduced with the function of inspecting the operation
and administration of the Garda and advising on best policing practice.
Prosecution of offences
Crimes are normally
prosecuted by the Gardaí or the Director of Public Prosecutions (DPP). In
general, the more serious offences are prosecuted by the DPP. It is possible to
bring private prosecutions in certain limited circumstances. If you are unhappy
about a decision of the Gardaí or the DPP in relation to a prosecution, you can
complain to the Gardaí or the DPP. However, they are not under an obligation to
explain their actions.
Director of Public Prosecutions (DPP)
14-16 Upper
Merrion Street,
Dublin 2
Tel: (01) 678 9222
www.dppireland.ie
The Office of the
DPP will not accept correspondence relating to criminal prosecution files by
e-mail. You should contact the Office by post.
You may write to
the DPP if you are:
·
a victim of a crime;
·
a family member of a
victim of a crime;
·
an accused person; or
·
a family member of an
accused person.
Lawyers, doctors
and social workers may also write on behalf of their clients.
It is against the
law for anybody else to contact the DPP in order to influence a decision to
withdraw or not to start a prosecution.
The prosecution
of criminal offences takes place in either the District Court, the Circuit
Criminal Court, The Central Criminal Court or the Special Criminal Court.
Which court is involved depends mainly on the nature of the criminal offence –
see above.
Prisons
The prisons are
run by the Department of Justice, Equality and Law Reform. Information about
prisons may be obtained from:
Irish Prisons Service
IDA Business Park
Ballinalee Road
Longford
Tel: +353 43
35100
www.irishprisons.ie
Inspector of
Prisons
The Inspector of
Prisons inspects and reports on prisons and other places of detention.
Prisons
Inspectorate
1 Lower Grand Canal Street
Dublin 2
Tel: + 353 1 6610447
www.justice.ie
Legal Aid
The Legal Aid
Board provides legal aid and legal advice in civil cases to people who meet the
criteria. In order to qualify you must pass both a means test and a merits
test.
Merits Test: This is an initial test to ensure that the
case is a legitimate one, where a Solicitor or Barrister would advise a person
to take the cases
Means Test: In order to qualify you must complete a
means test. The Legal Aid Board will seek to estimate what your disposable
income for that year will be. As well as having a disposable income of less
than 18,000 Euro, you must also have a disposable capital of less than 320,000 euro.
Where to apply
To find out whether
you qualify for legal advice, you should simply complete the Means Test Form
available in the Law Centres. You will give details about your income and your
expenses on a confidential basis. If your application is accepted, you will be
asked to make a minimum contribution.
Legal Aid Board
Head Office,
Quay St,
Cahirciveen,
Co. Kerry.
Tel. (066)
9471000
www.legalaidboard.ie
Lawyers
Solicitors and
barristers are self-regulating professions. Lists of practising solicitors and
barristers are available from:
The Law Society
of Ireland
Blackhall Place
Dublin 7
Tel: (01) 672
4800
www.lawsociety.ie
The Bar Council
Law Library
Four Courts
Dublin 7
Tel (01) 817 5000
www.lawlibrary.ie
Certain
solicitors (and barristers) are able to practice both North and South.
Complaints against solicitors in the South are dealt with by the Law Society of
Ireland who can refer unresolved disputes to the Solicitors Disciplinary
Tribunal.
Sources
The websites
listed plus
Criminal
Procedure Act 1967
Criminal Justice
Act 1993
Courts of Justice
Act 1924
Charleton et al,
Criminal Law, Butterworths 1999