Class 2 - Part 2: Where Does It Come From and How Does It Work?

• Having discerned Who's Who In The Courts, we moved on to the courts themselves. We talked about the difference between civil and criminal cases. 

Basically; civil actions refer to actions taken by individuals against other individuals or organisations.  These kinds of cases include personal injury claims (in the case of road traffic accidents, breaches of contract etc.) The purpose of a civil claim is most often to seek compensation or recover money owed. Civil cases will be called Party A v. Party B: i.e. Coleman v. Murphy, O'Neill v. XYZ Businesses

Criminal actions are taken by the State, usually through the Director of Public Prosecutions. They generally deal with things considered wrong or illegal, such as murder, rape, theft or robbery. The aim of the criminal law trial is to punish a wrongdoing, usually through a jail sentence or a fine. In criminal cases, the DPP is usually the first party: i.e. DPP v. Lee, DPP v. Lynch

• We then moved on to the differences between the Courts in Ireland.

1. District Court

The District Court deals with civil actions where the compensation claimed is not more than €6,350. It also deals with liquor licensing cases and a wide range of family law cases, including custody and maintenance orders. In criminal matters, the District Court deals with drunk driving, speeding, assault and criminal damage. In these criminal cases, there is no jury, just a judge sitting alone. 

2. Circuit Court

The Circuit Court deals with civil actions where the claim does not exceed €38,000. It also deals with cases that relate to divorce and separation. In criminal matters, the Circuit Court sits with a judge and jury and can deal with all criminal matters except the most serious crimes (murder and rape.) The Circuit Court also hears appeals from the District Court. 

3. High Court

The High Court is based in Dublin and has the power to hear all cases but usually only hears those that cannot be dealt with by the lower courts. In civil actions, it has primary jurisdiction (hears the case for the first time) where the claim exceeds €38,000. It hears appeals from the Circuit Court in civil matters.

3(b): The Central Criminal Court

When the High Court is dealing with criminal cases, it is known as the Central Criminal Court. It tries the most serious criminal offenses, such as murder and rape, which the Circuit Court cannot deal with. A judge and jury try these cases. The Central Criminal Court has travelled to a number of venues outside Dublin including Cork, Limerick, Sligo, Waterford and Mayo.

4. The Special Criminal Court

Consists of three judges sitting without a jury and mostly deals with criminal cases involving terrorist organisations. It was established specifically to try cases relating to the IRA without juries who may be too scared to be involved in those cases. Recently, the Special Criminal Court has heard cases relating to organised crime and drug charges. This has caused a lot of controversy. Why do you think this is? It is because trial by jury is an express right provided for in the Constitution, and people are denied this right in the Special Criminal Court. 

5. The Court of Criminal Appeal

Hears appeals relation to criminal convictions or sentences from the Circuit Court, Central Criminal Court, or the Special Criminal Court.

6. The Supreme Court

The Supreme Court is the highest court in Ireland and hears appeals from the High Court and occasionally from the Court of Criminal Appeal. Under Article 26 of the Irish Constitution, the President of Ireland may refer a Bill that the government wants to pass to the Supreme Court, so that the judges may decide if the Bill is in accordance with the constitution. 

The students each drew a flowchart outlining the path of a case through the Irish Courts system.
A large copy of this, outlining the route of the appellate system, is included in the Let's Look At The Law resource pack.