ieExplains: What's the difference between the Irish courts?
The Four Courts which houses the High Court, the Supreme Court and civil cases.
Ireland has five different types of courts, with their importance increasing the further up the legal system you go. The five courts in Ireland are: the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court.
Alongside the five courts, the Irish legal system is divided into two branches, civil and criminal. All courts handle both civil and criminal proceedings.
Civil actions are taken by individuals against other individuals or organisations, for example, personal injury claims. The purpose of a civil claim is most often to seek compensation or to recover money owed. The State generally has no part to play in these cases.
Criminal prosecutions are handled by the State, usually through the Director of Public Prosecutions (DPP). They deal with things considered illegal, like murder, rape, and theft, as well as drunk-driving and speeding.
Outcomes of criminal cases include an acquittal (where the accused person is found not guilty), a fine, community service or a jail term.
The District Court is the lowest court in the Irish court system. It is organised on a local basis throughout the country. The business of the District Court can be divided into four categories: criminal, civil, family law and licensing.
It is a court of local and limited jurisdiction, meaning it can only make orders or decisions on certain types of cases. In criminal matters, it deals with drunk-driving, speeding, and assault cases.
The District Court can only hear civil cases where the requested damages or compensation is less than €15,000. It also hears family law cases, including custody issues, and handles liquor licensing cases.
A judge sitting alone deals with these cases, no jury.
The Circuit Court is the second tier of the Irish courts system and is organised on a regional basis.
It is a court of local and limited jurisdiction, meaning it is restricted as to which cases it can decide in both civil and criminal matters. Civil cases in the Circuit Court are tried by a judge sitting without a jury. It deals with civil cases which do not exceed €75,000 as well as family law cases. including divorce.
Criminal cases at the Circuit Court sit with a judge and jury. This court deals with all criminal offences, except those at the most serious level (murder and rape).
The Circuit Court also hears appeals from the District Court.
The High Court is the third tier of the Irish courts system. It has the power to hear all criminal and civil matters, usually those that cannot be dealt with by the lower courts.
Unlike the Circuit Court and District Court, the High Court is not a court of local and limited jurisdiction, meaning that it is not restricted to hearing cases from certain areas and there is no limit to the amount of monetary damages it can award.
When the High Court is dealing with criminal cases, it is known as the Central Criminal Court. It tries the most serious criminal offences, such as murder and rape, and cases which the Circuit Court cannot deal with. The cases are heard and tried by a judge and jury.
Until recently, the court sat only in Dublin. In recent times, it has travelled to a number of other venues including Cork, Limerick, Sligo and Waterford.
The Court of Appeal is the second-highest tier in the Irish courts system. Its main function is to hear appeals from the High Court, as well as from the Circuit Court, Central Criminal Court or Special Criminal Court.
The Court of Appeal is not a court of local or limited jurisdiction, meaning that it is not restricted to hearing cases from certain geographical areas and there is no limit to the amount of monetary damages it can award.
It is made up of 15 ordinary judges and the President of the Court of Appeal. The President of the Court of Appeal assigns the work of the court. Cases are normally heard and determined by three judges.
The Supreme Court is the highest court in Ireland and the court of final appeal. It usually sits in the Four Courts in Dublin and hears appeals from the Court of Appeal and the High Court.
The Supreme Court is composed of the Chief Justice of Ireland, who is President of the Court, and nine ordinary judges. Cases are heard by three, five or, in exceptional circumstances, seven judges.
A case in the Supreme Court is decided by agreement of the majority of judges and sittings are mostly open to the public, with the exceptions of family law cases and particular sexual offences.
In some circumstances, the President of Ireland may refer any Bill passed by the Oireachtas to the Supreme Court to decide whether it is unconstitutional.
The Special Criminal Court only deals with criminal cases. It deals with terrorist and organised crime cases. This court sits with three judges and no jury, in order to avoid jury intimidation.
Other special courts include the Children's Court and the Drug Treatment Court.
