NORTHERN IRELAND

COURT BUSINESS

 

 

 

 

 

         

In this issue 16 February 2011                                             No. 02/11

           

 

 

 

LORD CHIEF JUSTICE’S DIRECTIONS

 

 

Distribution of Crown Court Business and Places of Sitting of the Crown Court

 

 

 

 

 

 

 

 

 

 

 

 

 

Issued by the Lord Chief Justice’s Office


LORD CHIEF JUSTICE’S DIRECTION GIVEN IN ACCORDANCE WITH SECTION 47(2) and (3) OF THE JUDICATURE (NORTHERN IRELAND) ACT 1978

02/11

DISTRIBUTION OF CROWN COURT BUSINESS AND PLACES OF SITTING OF THE CROWN COURT

 

COMMENCEMENT

 

1.         This direction shall come into operation on 16 February 2011.

 

COMMITTALS FOR TRIAL

2.         Subject to section 4 (1) of the Justice and Security (Northern Ireland) Act 2007 and without prejudice to the provisions of section 48(1) (a) and (b) of the Judicature (Northern Ireland) Act 1978, a magistrates’ court shall commit a person for trial to the next sitting of the Crown Court at a place within the county court division in which that magistrates’ court is sitting.

 
CLASSIFICATION OF OFFENCES

 

3.         For the purposes of trial in the Crown Court, offences are to be classified as follows:-


Class 1:          The following offences are to be tried by a judge of the
High Court -

 

(1)       Treason, misprision of treason and any other offence under the Treason Felony Act 1848

(2)       Murder
(3)       Genocide
(4)       Piracy

(5)       Corrupt practices within the meaning of the Representation of the People Act 1949 or the Electoral Law Act (Northern Ireland) 1962

(6)       An offence under the Official Secrets Acts 1911 to 1989

(7)       An offence under the Geneva Convention Act 1957, section 1

(8)       An offence under the Biological Weapons Act 1974, section 1

(9)       Sedition

(10)     Mutiny

(11)     Aiding, abetting, counselling or procuring the commission of any of the above offences.


Class 2:          The following offences are to be tried by a judge of the High Court, unless in a particular case the Lord Chief Justice directs the offences to be tried by a County Court judge –


Attempting, inciting or conspiring to commit any of the offences in Class 1.

 

Class 3:          The following offence is to be tried by a County Court judge included in Schedule 1 to these directions or, subject to any special directions by the Lord Chief Justice in a particular case, by a judge of the High Court -

Rape

Class 4:          All other offences which, subject to any special directions by the Lord Chief Justice in a particular case, may be tried by any judge of the Crown Court.


REVOCATION

4.         The Lord Chancellor’s directions on the distribution of Crown Court business and places of sitting of the Crown Court dated 24 May 1990 and contained in Northern Ireland Court Business issue number 4/90 is hereby revoked.



 

 

The Right Honourable Sir Declan Morgan

 

Lord Chief Justice

 

 

16 February 2011


SCHEDULE 1

 

List of County Court Judges Eligible to Try Rape Cases

 

 

 

His Honour Judge Smyth QC

 

His Honour Judge Burgess, Recorder of Belfast

 

His Honour Judge Rodgers

 

Her Honour Judge Philpott QC

 

His Honour Judge McFarland

 

His Honour Judge Lockie

 

Her Honour Judge Kennedy

 

His Honour Judge Finnegan QC

 

His Honour Judge Marrinan

 

His Honour Judge Lynch QC

 

Her Honour Judge Loughran

 

Her Honour Judge McReynolds

 

His Honour Judge Babington

 

His Honour Judge Grant, Recorder of Londonderry

 

His Honour Judge Miller QC

 

Her Honour Judge Smyth