01.Criminal_Court_Structure.pdf

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One judge
No jury
Where the alleged offence
was committed
Chief Justice of Ireland (President of the Court)
Supreme
Court
Consists of
Appellate jurisdiction
Sits with 3/5/7 judges
When dealing with cases concerning constitutional validity of
an Act/Bill of the Oireachtas, 5 judges sit
From the decision of the court of Appeal if that decision involves a matter of
general public importance, or if it is in the interests of justice
From a decision of the high Court if there are exceptional circumstances: a
matter of general public importance, or it is in the interests of justice
24 in Ireland
Where the defendant will
be tried depends upon:
9 ordinary judges
the President of the High Court
President of the Court of Appeal
Where the defendant
resides/carries on business
Where the defendant was arrested
Monetary fines
One year of imprisonment
for one offence
Two years of
imprisonment for multiple
District
Court
Max sanction
:
One judge and a jury (of 12)
Criminal
Court
Structure
Hears serious crimes (murder, rape,
agg. sex. assault, treason, perjury)
Court of
Appeal
Appellate court: does not hear cases for the first time, but appeals from
the lower courts concerning the application and interpretation of the law
3 judges and no jury
Appeal to the Supreme Court possible only on a point of exceptional
public importance
Allow the appeal and acquit the defendant
Allow the appeal and reduce/vary/increase the sentence
Allow the appeal and order a retrial of the case
Dismiss the appeal
Hears only summary offences
The accused has waived
his right to rial by jury
The offence is relatively minor
The DPP consents
Against his conviction
Against his sentence
BUT
If plead guilty, can only
appeal against sentence
8 in Ireland: 6 travelling and 2
permanent (Dublin and Cork)
Can hear indictable
offences, if
All indictable offences (
except murder, rape,
agg. sex. assault, treason and perjury
)
Proceedings commence with the arraignment
of the accused where he will be asked to
plead guilty/not guilty before the Court
Right to appeal by way of 'case stated'; leave
to appeal must be obtained from court
Circuit
Criminal
Court
Proceedings commence with the
arraignment of the accused where he
will be asked to plead guilty/not guilty
before the court
Cases heard before one
judge and a jury (of 12)
May decide to
The defendant has
the right to appeal to
Circuit court
Central
Criminal
Court
Reserved for cases involving dangerous
criminals (organised crime, gangland crime)
and terrorist cases
3 judges
Right to appeal by way of 'case stated'; leave
to appeal must be obtained from court
The defendant has the right to appeal to the High
Court by way of 'case stated' : appeal on the point
of law where it is alleged that the lower court has
wrongly interpreted/applied the law
Perjury
: the offence of wilfully telling an untruth or making a misinterpretation under oath
To arraign
: call or bring before a court to answer a criminal charge
Special
Criminal
Court
No jury - to avoid jury tampering and public
reluctance to be associated with these
classification of crimes
Not permanent, established by an order of
the Minister for Justice

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