Superior Courts

Superior Courts in Northern Ireland

The Supreme Courts of Judicature of Northern Ireland consist of the High Court, Court of Appeal, and Crown Court. The High Court consists of the Lord Chief Justice of Northern Ireland and 10 puisne judges who are termed Judges of the High Court. The maximum number of judges varies from time to time.

The Court of Appeal consists of the Lord Chief Justice and three other judges who are styled Lord Justices of Appeal. Each High Court judge is a judge of a Court of Appeal for the purpose of jurisdiction in a criminal cause or matter. Divisions may be created in the Court of Appeal.

The High Court is to consist of three divisions: the Chancery, Queen’s Bench, and Family Division. The divisions may be varied by order in Council. A High Court judge may sit in any division, and judges in one court may assist in the other. A Lord Justice of Appeal may sit as a High Court judge and vice versa.

A person who holds or has held the office of judge of the Supreme Court or as a member of the Bar or a solicitor of at least 10 years’ standing or who has held the judge of the High Court or Court of Appeal may, at the request of the Lord Chief Justice, sit as a judge of the High Court or Court of Appeal at any time before he attains the age of 75. A county court judge may be required to act as a High Court judge.

A person is qualified to be appointed as a judge of the Superior Court if he is a member of the Bar of Northern Ireland of at least 10 years’ standing or a solicitor of the Court of Judicature of Northern Ireland of 10 years’ standing.

A person may be appointed as a judge by Her Majesty by letters patent under the Great Seal of Northern Ireland. The appointment of the Lord Chief Justice and Justices of Appeal are made under the recommendation of the Prime Minister. Appointments to the High Court are made on the recommendation of the Lord Chancellor. There is provision for the recommendation of the First and Deputy First Minister acting jointly for the appointment of a High Court judge prospectively.

Judges of the superior courts hold office during good behavior. They may be removed only on an address presented to both Houses of Parliament. The motion must be passed in both Houses. The address may only be presented by the Prime Minister or the Lord Chancellor. No motion for such an address may be presented unless a Tribunal convened under the Constitutional Reform Act has reported to the Lord Chancellor recommending the person be removed.

Legislation to be commenced provides for a Tribunal to be convened by the Judicial Appointments Ombudsman. The Tribunal is to consist of a person holding the highest judicial office other than certain judges, a judge of a Court of Appeal in England or Wales or the Court of Session, and a lay member of the Northern Ireland Judicial Appointments Commission. They are to be selected by the Lord Chief Justice after consulting with his counterparts.

The senior High Court judges may vacate their office by resigning to the Lord Chancellor.