District Court (Ireland)
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The District Court (Irish: An Chúirt Dúiche) is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court.
Jurisdiction
The civil jurisdiction is limited to damages not exceeding €15,000; the court has no equitable jurisdiction.
The court has the power to renew licences for the sale of intoxicating liquor and grant licences for lotteries.
The family jurisdiction of the court includes the power to award guardianship, grant protection or barring orders, and award maintenance of up to €150 a week per child or €500 per week for a spouse.
The criminal jurisdiction is limited to summary offences – i.e. offences heard without a jury where the maximum punishment is 12 months imprisonment. Indictable offences may also be tried by the court provided the accused, the judge and the Director of Public Prosecutions agree. In such a case the maximum penalty imposed by the judge for the indictable offence can not exceed 12 months imprisonment. Murder, treason, rape and aggravated sexual assault are crimes that can not be disposed of summarily in such a manner. Bail hearings for offences triable by both the District Court itself and the Circuit Court are heard here also with a right to appeal to the High Court for a refusal to grant bail. Most of the offences are usually minor as the more serious cases are sent to the Circuit Court and Central Criminal Court. The District Court continues to hold indictment hearings for the more senior criminal court, although since 1967, the court no longer has any discretion whether or not to send forward the accused, as long as the DPP serves a book of evidence on the accused.
Appeals
All judgements of the District Court in both civil and criminal trials can be appealed to a de novo hearing in front of the Circuit Court. The decisions of a District Court judge can also be judicially reviewed by the High Court.
Organisation
The court consists of a president and sixty-three judges. Although, strictly speaking, there is just one District Court, in reality for the purposes of the administration of justice the country is divided into a Dublin Metropolitan District (covering the same area as the
Judges
Judges of the District Court, other than the President, are styled e.g. Judge John Smith (or sometimes, as District Judge John Smith, or simply Judge Smith) and addressed in court as "judge". Prior to the Courts Act 1991, judges of the District Court were known as justices of the District Court or commonly as district justices and styled e.g. District Justice John Smith or Justice Smith (N.B. not Mr Justice Smith as this was and is the style of a superior court judge).
The President, as an ex-officio judge of the Circuit Court, is entitled to the style of a circuit judge, so is styled e.g. His/Her Honour Judge Smith instead.
President of District Court
The President of the District Court was established under the Courts (Supplemental Provisions) Act 1961 Part 4.
Name | Term of office |
---|---|
Peter Smithwick | 1988–2005 |
Miriam Malone | 2005–2012 |
Rosemary Horgan | 2012–2019 |
Colin Daly | 2019–2021[1] |
Paul Kelly | 2021–present[1] |
Children Court
The Children Court is an ancillary court of District Court, whose role is to deal with minor offences and most indictable offences where the defendant is below the age of 18.[2][3]
The
History
The current District Court was established in 1961. However, the jurisdiction vested in it stems from the earlier courts of
During the
The District Court of Justice was formally established in 1924, replacing the renamed district courts and the Dublin Metropolitan Police Court. The Courts Acts of 1961 replaced this court with the current District Court.
References
- ^ a b "Justice Paul Kelly named President of the District Court". Law Society of Ireland. Retrieved 28 March 2021.
- ^ a b "Children Court". Courts Service of Ireland.
- ^ Children Act 2001, s. 71: Children Court (No. 24 of 2001, s. 71). Enacted on 8 July 2001. Act of the Oireachtas. Retrieved from Irish Statute Book.
- ^ "Archived copy". Archived from the original on 21 July 2011. Retrieved 2011-01-22.
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: CS1 maint: archived copy as title (link) - ^ "District Justices (Temporary Provisions) Act, 1923, Schedule 2". Archived from the original on 7 August 2011. Retrieved 22 January 2011.
External links
- "District Court". Courts Service of Ireland.