Justice

Under the Justice Act, 2002 a separate Attorney General was to be appointed for Northern Ireland when the Department of Justice is devolved (already happened).

The Secretary of State for Northern Ireland continues to be responsible for a number of minor matters which have not been excepted and reserved matters which have not been devolved to be the Northern Ireland Assembly.  The English Attorney General acts as Northern Ireland Attorney General as well.

The Attorney General has a wide range of involvement in criminal matters.  Consent is required for a wide range of prosecutions although the DPP can also give requisite consent.  The Attorney General’s consent is required for private actions taken to protect the public interest.  Sometimes these are initiated by the Attorney General directly.  The Attorney General has power to challenge legislation of the Assembly if it is outside its powers.

The Attorney General’s deputy is the Solicitor General, also a political appointee and barristers.  The Attorney General appoints crown solicitors for Northern Ireland whose services are available to Northern Ireland executive authorities or UK government departments.

The office of the Director of Public Prosecutions exercises functions under the control of the Attorney General.  The Attorney General can remove the DPP.  The DPP is accompanied and assisted by professional staff and employs almost 300 people in Northern Ireland.

The police prosecute minor cases amounting to 75% of all cases.  The DPP brings prosecutions for indictable offences as well as less serious criminal offences that the office believes appropriate to deal with.  The DPP may also act in prosecutions on behalf of government departments in Magistrates Court.  It acts for appeals for the Crown in appeals to the County Court subsequent on convictions in the District Court.  It represents the Crown in all criminal matters in the Court of Appeal and House of Lords.

The higher Courts in Northern Ireland are the Court of Appeal, the High Court and the Crown Court.  The chief Judge of Northern Ireland is the Lord Chief Justice (new name?)  There are three Judges of the Northern Ireland Court of Appeal.  They hear appeals in civil matters from the High Court and criminal.  There are 10 High Court Judges.  Each High Court Judge generally sits alone.

There are 15 County Court Judges.  There are four district Judges and seven deputies who assist County Court Judges on exercise of small claims courts jurisdiction.  Magistrates Courts are staffed by resident magistrates, lay panellists and occasionally

Justices of the Peace.  There are eight Masters in the higher Courts who deal with a variety of procedural and minor substantive issues before they reach a High Court Judge.  The principal administrators in the county Courts are chief clerks and in the Magistrates Courts clerks of petty sessions.

Minor criminal offences are usually heard by resident magistrates.  This differs from England where Justices of the Peace hear the majority of these types of matters.  Only barristers and solicitors of seven year standing are eligible to be appointed as resident magistrates.  They hear minor criminal offences.  They also deal with some minor civil law matters, matrimonial matters and administrative nature such as licensing.

Following law reform a number of a number of lay magistrates have been employed.  They must not be solicitors.  They are appointed for a five year term.  They receive no payment other than out of pocket expenses.

Lay magistrates only exercise powers for the county in which they have been appointed.  Their main function is signing summonses, warrants and various official forms.  Lay magistrates may conduct committal proceedings and with the accused’s consent may summarily try some minor criminal offences.  This is rarely done in practice.

The magistrates retain the power to bind over persons to keep the peace.  This obliges a person to enter upon to be of good behaviour during a period not more than two years.  They would forfeit a sum of money if they fail to do so.  This power may be inconsistent with the European Convention on Human Rights.

The Judicial Appointments Commission is responsible for judicial appointments.  A Judicial Appointments Ombudsman is to be created.