Annual Report 2008/09
Content
Annexes
Court and Tribunal Business
- The Northern Ireland courts deal with 88,650 cases
- Crown court business declines marginally this year (-1%) following a substantial
rise between 2004/05 and 2007/08
- Magistrate’s adult business also experiences a slight decline between 2007/08
and 2008/09 (-6%) following a marked increase in the years between 2004/05
and 2007/08
- The number of youth defendants dealt with in the magistrates court has increased
since 2004/05 however this financial year has seen a slight decline. The number
of youth court defendants has fallen from 3,350 (in 2007/08) to 3,011 (in 2008/09)
- a fall of 10%
- Civil business has experienced a substantial rise over the past 5 years with the
steepest increase in the 2008/09 financial year. Civil business has increased by 14%
overall. Queens Bench writs and originating summons have experienced a 38% rise,
with mortgage cases experiencing a 77% rise
- In family business, this financial year has seen a marginal increase in Children
Order applications (5%). Divorce business disposed has remained steady over the
past 3 years
- Tribunal performance is measured for the first time - 1,978 cases are disposed of
Promoting confidence in the Criminal Justice System
- Stakeholders and the general public are asked for their views on allowing more
people to have an opportunity to serve on juries
- Case Progression Officers are appointed at all courts to help to reduce avoidable
delay in criminal cases when they reach court
- The Court Service assist the Assembly and Executive Review Committee by providing
evidence on the transfer of justice powers to the NI Assembly
- A handbook for ‘Victims and Witnesses’ is published, providing a step by step guide
to the Criminal Justice process
- Criminal Justice Week receives extensive media coverage, including a televised interview
with the Lord Chief Justice and filming by NEELB TV for use as a teacher resource
- The Northern Ireland heat of the National Magistrates’ Court Mock Trial Competition
is filmed by the BBC.
- Almost 150 school visits take place at courts throughout Northern Ireland as part of our outreach strategy
Delivering Responsive Customer Services
- All 21 courthouses in Northern Ireland achieve the new Cabinet
Office ‘Customer Service Excellence’ Standard
- A new Business Modernisation and Customer Service Strategy is
published, setting out how we plan to develop our business until 2010/11
- Improved access to justice through web-based services
continues as over 30% of Small Claims cases are initiated online, and 99% of public
searches are carried out online
- The media get improved access to information through online
case information, in support of the open justice principle
- The Integrated Court Operations System (ICOS) ICT business
platform is extended to enable the secure electronic exchange of information with
other public sector organisations, including HMRC and the Social Security Agency
- New video conferencing and evidence display facilities are
installed in courtrooms across the province in support of our Court Technology Programme
- Public consultation on proposals to establish ‘Hearing
Centres’ at a number of court venues
- A free legal advice service for people facing housing
repossession proceedings is provided in the Royal Courts of Justice and Laganside Courts
Access to Justice
- Consultations on changing the way the legal profession are remunerated for their
work in ‘very high cost’ criminal cases and proposals on introducing standard fees
in criminal legal aid work in magistrates’ courts are issued
- Demand for the provision of interpreters in court cases increases by over 82%
By The Rt Hon Jack Straw MP, Lord Chancellor and Secretary of State For Justice.
My role as Lord Chancellor requires me to ensure that an efficient and effective system exists to support the business
of the Supreme Court, county courts, magistrates’ courts and coroners’ courts in Northern Ireland.
Government places a strong emphasis upon the public sector to apply the highest principles of efficient,
customer-focused, business delivery. The Northern Ireland Court Service continues to drive forward this agenda as is
evidenced by the impressive delivery of its performance standards targets.
The year under review shows that the organisation continues to press ahead with new technological solutions
to business challenges using its court based IT programme, the Integrated Court Operations System (ICOS).
The award of the Customer Service Excellence Standard to all of Northern Ireland’s 21 courthouses is a clear
testimony to the positive experience of court users and the service delivered by front-line staff.
This has been a good year for the Court Service and one about which it can feel justly proud. Whether through
innovation, the ability to respond to new business challenges, or the continuous development of customer
relations, it bears the hallmark of a dynamic, responsive and constantly evolving organisation.
Jack Straw MP Lord Chancellor and Secretary of State
By The Director, David Lavery
The year under review has been one of significant achievement.
As a business, we have moved, literally, to unify our central staff within a new purpose-designed office building at
Laganside House in Belfast’s ‘Legal Quarter’. This streamlines our headquarters operations and makes sound business sense
in both administrative and efficiency terms.
Meanwhile we are pressing ahead with arrangements to assume responsibility for Northern Ireland’s tribunals as requested
by the Northern Ireland Executive.
In last year’s Annual Report I said that the very successful Integrated Court Operations System (ICOS), our purpose built information
technology court business platform, will be used to innovate and not just automate court business. ICOS is already showing the potential to
do this through the creation of Public Court Lists Online - a new case information and tracking service which came online in April.
Work is also at an advanced stage in respect of the Causeway Programme which will support information sharing among the various criminal
justice organisations in Northern Ireland.
The Northern Ireland Court Service takes pride in the professional way in which it meets the needs of its customers.
This was recognised this year by the award of the Customer Excellence Standard, the successor to Charter mark.
It was a worthy achievement by staff and one which reflects highly upon this organisation and its values.
Through our investment in new technology, today’s customer has many more options when it comes to accessing our services. Business can be transacted by
telephone, by email and over the internet meaning that journeys to court buildings are no longer always necessary.
Senior representatives from Court Service were invited to give evidence to members of the Assembly & Executive Review Committee at Stormont in March of this year. This
was a very positive and useful experience and we continue to engage with the Committee on a regular basis.
Meanwhile the onset of the economic downturn saw Court Service taking an important lead in providing help to those homeowners facing repossession who do not
have legal representation. The Court Service now provides facilities at Laganside Courts and the Royal Courts of Justice for a free legal advice service provided by the
Housing Rights Service.
D. A. Lavery
The Northern Ireland Court Service is the Lord Chancellor’s department in Northern Ireland. It is a separate and independent Civil Service.
Our role is to:
- Provide administrative support for the Northern Ireland courts, ie. The Supreme Court (Court of Appeal, High Court and Crown Court), the county courts,
magistrates’ courts and coroners’ courts;
- Provide administrative support for tribunals;
- Enforce civil court judgments through the Enforcement of
Judgments Office; and
- Support the Lord Chancellor in discharging his Ministerial responsibilities in Northern Ireland including responsibility for judicial appointments
and legal aid.
We are accountable to Parliament at Westminster through the Lord Chancellor and
Secretary of State for Justice at the Ministry of Justice, the Rt Hon Jack Straw MP.
The Parliamentary Under Secretary of State, at the Ministry of Justice, Bridget Prentice MP,
has day-to-day responsibility for the courts in Northern Ireland.
The Director of the Court Service is Head of Department and Principal Accounting Officer.
He is supported by a Management Board responsible for the following areas:
- Court Operations
- Tribunal Reform
- Public Funded Legal Services
- Policy and Legislation
- Finance
Court Operations
The key objective of this Division is:
To deliver quality services which meet the needs of our customers.
Court Operations is responsible for:
- providing administrative support for criminal, civil and family court business and the Coroners Service;
- the Enforcement of Judgments Office which provides a centralised service for the enforcement of civil court judgments;
- business modernisation;
- customer service improvement;
- judicial support and liaison, including sponsorship of the Northern Ireland Judicial Appointments Commission; and
- business support functions, including human resources.
Court Operations
The key objective of this Division is:
Modernising the administration of tribunals in Northern Ireland.
Tribunal Reform Division is responsible for:
- the delivery of the tribunal reform programme to achieve a unified tribunals service;
- the efficient running of existing tribunals; and
- the establishment of new tribunals.
Public Funded Legal Services
The key objective of this Division is:
To deliver cost effective legal services for those who cannot otherwise afford access to justice.
Public Funded Legal Services Division supports the Lord Chancellor in the provision of legal aid in Northern Ireland and is responsible for:
- sponsorship of the Northern Ireland Legal Services Commission;
- legal aid reform in partnership with the Legal Services Commission; and
- legal aid policy.
Policy and Legislation
The key objective of this Division is:
To deliver high quality policy and legal advice to Ministers and the
Court Service.
Policy & Legislation Division is responsible for:
- advising the Lord Chancellor on the policy and legislative framework within which the Northern Ireland courts operate;
- preparing legislation for which the Lord Chancellor is responsible in Northern Ireland;
- giving legal advice to the Court Service;
- supporting the planning for devolution; and
- providing the secretariat to the Court Rules Committees.
Finance
The key objective of this Division is:
Delivering a controlled financial and commercial environment, achieving value for money.
Finance Division is responsible for:
- the management and oversight of the Department’s finances and capital investment strategy, including the court estate;
procurement services;
- audit and risk management;
- the Court Funds Office;
- records and information management; and
- corporate communications.
Our Organisational Aim is:
Serving the community through the administration of justice
Corporate Values
We aim, at all times, to demonstrate the following corporate values:
Integrity:
to interact with our customers with the highest degree of integrity, promoting an atmosphere of honesty and trust
Openness:
to undertake our work in an open and transparent manner
Professionalism:
to conduct our business to the highest standards
Accountability:
to be responsible for delivering a high quality service to the public
Fairness:
to treat everyone fairly
We have incorporated our Corporate Values into our performance management system for staff so that we can continuously measure the way
in which we demonstrate our values.
There are 21 courthouses across Northern Ireland, the largest being Laganside Courts and the Royal Courts of
Justice in Belfast. All of our courthouses have achieved the new Customer Service Excellence Standard.
This year we relocated our headquarters departments to a new building, bringing together all our central
administrative operations. Laganside House is located in the heart of Belfast’s Legal Quarter, beside Laganside
Courts and the Royal Courts of Justice.
While our core business is the provision of administrative
support for the courts in Northern Ireland, we are also
responsible for:
- the Enforcement of Judgments Office (EJO) - which
provides a centralised service for the enforcement of
civil court judgments;
- the Coroners Service for Northern Ireland, which is
headed by a High Court Judge as Presiding Judge
for the Coroners Service and comprises a full-time
coroners judiciary;
- the Court Funds Office - which manages funds held
in court on behalf of minors and patients;
- a number of tribunals including:
- the Office of the Social Security and Child Support Commissioners;
- Pensions Appeal Tribunal;
- Traffic Penalty Tribunal;
- Northern Ireland Valuation Tribunal;
- Criminal Injury Compensation Appeal Panel for Northern Ireland.
Our Staffing and Resources
Staffing
The Court Service staff complement for 2008/09 was 776 posts, the majority of which are in front-line services at the 21 courthouses throughout Northern Ireland and in the
Enforcement of Judgments Office.
The Court Service recognises that a committed and skilled workforce is fundamental to the successful achievement of corporate goals and to the delivery of a quality service. During
the year a Workforce Strategy (2008-2011) and associated Action Plan was published, to support the achievement of corporate objectives by ensuring that the organisation
maintains an affordable staff complement, that is appropriately skilled to meet existing and future business needs.
As part of our Career Management Strategy, we initiated a trainee accountant scheme, to enable talent to be recognised and developed internally.
A number of people management policies are available which are based on best public sector practice. These include family friendly policies, offering those with caring
responsibilities flexibility in working patterns, such as part-time, job-sharing and term-time working arrangements.
Further information on our staff complement can be found at Annex B.
We are in the final year of our current Employment Equality Plan, which supports our commitment to achieve a ‘workforce reflective of the community that we serve’. We
continue to attract applicants from under-represented groups in our recruitment schemes, which is a key target within the current plan. The composition of our workforce compares
favourably with the 2001 Census figures. We are currently developing a new three-year Employment Equality plan covering the period 2010 to 2012.
Learning and Development
We continue to invest in the training and development of our staff. New courses were
delivered to senior managers to develop skills in drafting submissions, ministerial
correspondence, dealing with the media and presentational skills. An accredited
management induction course was introduced for newly promoted middle managers,
leading to a Level 5 Diploma through the Institute of Leadership and Management. We
have retained our internal NVQ Centre Status, and continue to offer all administrative
and managerial staff NVQ accredited learning and development which is relevant to our
business and services.
In addition to availing of opportunities for development during working hours, many staff
received financial and other support in pursuing further education in their own time, on a
variety of topics relevant to their work, through our ‘Assistance to Study’ scheme.
Resources
We receive our funding from Parliament and our resources for 2008/09 were:
| |
2009/10
£m |
Resource Total
Near Cash
Non Cash |
149.7
131.5
18.2 |
| Capital |
8.1 |
We have developed a Financial Operating Plan to help us manage our financial allocation for the three years 2008/9, 2009/10, 2010/11. Our Capital Strategy Investment Board
oversees the management of our capital funding.
Further details of our resources, and how they were deployed during 2008/09, can be
found at Annex C. The Court Service also produces Annual Resource Accounts and a
copy of these can be found on our website www.courtsni.gov.uk.
Sponsorship Role
The Court Service is the sponsor department for two Non
Departmental Public Bodies – the Northern Ireland Legal
Services Commission and the Northern Ireland Judicial
Appointments Commission.
The Northern Ireland Legal Services Commission was
established in 2003 and is responsible for the provision of
publicly funded legal services under the Legal Aid Scheme.
The Northern Ireland Judicial Appointments Commission
was established in 2005 and is responsible for judicial
appointments up to and including High Court Judge.
The Legal Services Commission and the Judicial
Appointments Commission publish their own Annual
Reports and Corporate Plans. Their websites can be found
at www.nilsc.org (NI Legal Services Commission) and www.nijac.org (NI Judicial Appointments Commission).
Further information on these Non Departmental Public
Bodies, including advisory bodies for which the Court
Service currently has responsibility is attached in Annex D.
Support for the NI Judiciary
The Court Service provides administrative support for the
Northern Ireland judiciary. There are 69 salaried members of the
judiciary across the various judicial tiers. In addition there are
more than 300 lay magistrates and part-time deputy judges.
The Lord Chief Justice of Northern Ireland is President of
the Courts of Northern Ireland and Head of the Judiciary.
In addition, he is responsible for:
- Assigning the judiciary to the courts, listing business within the courts, and determining sitting times;
- Dealing with complaints against members of the judiciary. The Code of Practice on Complaints and Protocol on Judicial Discipline are published on the
Court Service website;
- Maintaining arrangements for the welfare, training and guidance of the judiciary;
- Representing the views of the Northern Ireland judiciary to Parliament and to the Northern Ireland Assembly.
The Lord Chief Justice, Sir Brian Kerr, is supported by the Presiding
County Court Judge (His Honour Judge Burgess, Recorder of
Belfast), the Presiding District Judge (Magistrates’ Courts), Mrs
Fiona Bagnall, and the Presiding Lay Magistrate, Mr David Moore.
Judicial Appointments Ombudsman
Mr Karamjit Singh CBE was appointed Judicial Appointments Ombudsman
for Northern Ireland in September 2006. The Ombudsman’s role is to investigate
complaints from applicants for judicial appointment where maladministration or
unfairness is alleged to have occurred. The Ombudsman’s Annual Report can
be found at www.nijao.gov.uk.
The Court Service Business
Plan for 2008/09 contained four
overarching strategic aims:
- Delivering responsive customer services
- Improving access to justice
- Promoting confidence in the justice system
- Supporting an independent judiciary
We published a number of performance targets in our
2008/09 Business Plan in support of these strategic aims.
The following sections of this Annual Report explain what
we did during 2008/09 to achieve these strategic aims.
Delivering Responsive Customer Service
Business Improvement
During this period we developed a new Business
Modernisation and Customer Service Strategy which sets
out the Court Service’s vision of how we plan to develop
our business until 2010/11 in order to deliver high-quality
customer services.
We have continued to modernise the way in which court
business is transacted in order to meet the expectations of
all court users.
We extended our ICOS (Integrated Court Operations
System) ICT business platform to enable the secure
electronic exchange of information between the Court
Service and other public sector organisations.
The Court Service is a partner in the Causeway
Programme which will underpin electronic information
sharing between the criminal justice organisations in
Northern Ireland. The technical solution is currently
undergoing rigorous trials, and is planned to ‘go live’
later this year.
The Courtroom Technology Programme saw the
implementation of new video conferencing and evidence
display facilities across the province.
Increased access to justice through new technology
provides greater convenience for our customers and
reduces the need for them to physically attend a
courthouse. For example, almost one third of all small
claims court cases are now initiated online without the
claimant having to go to the court office.
Hearing Centres
The Court Service has consulted on proposals to establish ‘Hearing
Centres’ at a number of court venues. Hearing Centres will open on court
sitting days and on these days will provide a full range of court office
services. A summary of the consultee responses will be published by
Summer 2009.
Court Boundaries
In anticipation of the local government boundary changes, which will come
into effect in 2011, we initiated a review of our existing court boundaries.
We have developed a number of options. These will be subject to full
public consultation during 2009/10.
Court Estate
During the year an extensive refurbishment programme was
completed in the Court Estate. The redesign and upgrade of family
waiting and consultation areas alongside improved courtroom, jury and
custodial facilities delivered significant environmental and customer
focused improvements.
In 2008, the Northern Ireland Court Service headquarters was relocated
to a new, specifically designed administrative centre. Situated within the
Legal Quarter of Belfast, Laganside House provides modern, efficient and
flexible accommodation, bringing together all headquarters departments
for the first time. The open plan design will help us to achieve efficiencies
in service delivery and revenue costs.
Customer Service
Our 21 courthouses achieved the new Customer Service Excellence
Standard this year. We are one of the first government departments
to achieve this award in Northern Ireland. We carried out a ‘mystery
shopper’ exercise, to provide an objective measurement of our customer
performance against service standards. The results were very positive,
and action plans have been developed to ensure continual improvement in
customer service performance.
We worked closely with the Housing Rights Service to establish a free
legal advice service for anyone facing repossession proceedings and who
come to court without their own legal representation. We provide this
facility at the Royal Courts of Justice and Laganside Courts.
The Enforcement of Judgement Office
The Enforcement of Judgments Office (EJO) provides a centralised service
for all aspects of the civil judgment enforcement process in Northern
Ireland. Its purpose is to enforce orders in relation to the recovery of
money, property and goods obtained in the civil courts in Northern Ireland.
The current economic climate has had a considerable impact on the
EJO as workload has significantly increased. The EJO continues to
apply quality business approaches. In December 2008 it achieved
re-accreditation for ISO 9001:2000. This standard promotes continuous
review and improvement of organisational processes to ensure customers’
needs are met with a very high level of quality. The office also uses the
principles of the European Foundation for Quality Management Business
Excellence Model (EFQM), and achieved a “Mark of Excellence” award in
January 2008 for excellence in customer service.
The EJO continues to develop its online services to enable customers
to process business easily. The EJO case tracking service provides
information for creditors, debtors and other interested parties and allows
parties to track enforcement progress on-line. The On-Line Debt Register
Service allows customers to search judgments held against a person or
company in the last six years, which enables informed decisions to be
taken prior to enforcement of other cases.
Service Improvement
We are committed to continuous improvement, and have in place a
complaints procedure that enables us to improve the quality of services we
provide, and to learn lessons from any mistakes that may have occurred.
During this year, we received 162 complaints across the organisation,
which represents an increase of 14% on the previous year. A total of
92% of these complaints were investigated and responded to within the
target timescale (15 days). Almost three-quarters of complaints resulted
in follow-up action to improve customer service delivery. A breakdown
of complaints received and action taken is included in the quarterly
complaints reports, available in the ‘customer service’ section of our
website (www.courtsni.gov.uk).
Funds in Court
The Court Funds Office manages funds held in court on behalf of minors
and patients. The office manages funds for approximately 900 patients
and 14,000 minors, administering in excess of £225m investments. During
the year we introduced a number of initiatives to improve service delivery.
Business Continuity
We have in place a framework of business continuity plans, to ensure
critical business functions can be maintained.
Improving Access to Justice
Tribunal Reform
The Northern Ireland Executive has endorsed a tribunal reform
programme, including the transfer of administrative responsibility for all
Northern Ireland tribunals to the Court Service. Operational and staffing
arrangements for the transfer have been agreed, and the transfer process
will begin during 2009/10.
Public Funded Legal Services
The reform of criminal legal aid was a particular focus during the year
with consultation documents being issued on the reform of Very High
Cost criminal cases and detailed discussions on magistrates court
remuneration. During the year we also worked closely with the Northern
Ireland Legal Services Commission to develop proposals for the reform
of civil legal aid.
Interpretation Services
We arrange quality interpretation services in court to facilitate access
to justice for those for whom English is not their first language. Service
providers continue to be engaged to deal with the increasing need for
interpreters, the diverse range of languages required and to ensure an
appropriate standard of service.
Promoting Confidence in the Justice System
Court & Tribunal Performance
The Court Performance standards published in our Business Plan for
2008/09 were delivered in partnership with the Northern Ireland judiciary.
Tribunal performance targets were included, for the first time.
Our business volumes during 2008/09 were as follows:
| |
Cases Received |
Cases Disposed of |
| Criminal |
56,211 |
55,362 |
| Civil |
26,143 |
26,888 |
| Family |
6,639 |
6,383 |
| Tribunals |
1,933 |
1,978 |
Increasing Participation in the Criminal Justice System
During the year we issued a consultation paper seeking views on the
desirability of allowing more people to have an opportunity to serve on
juries. The consultation paper “Widening the Jury Pool - Increasing
Participation in the Criminal Justice System” sought views on the proposal
that no-one should be automatically ineligible or excusable from jury
service simply because of their occupation. We received a high volume of
responses, and a summary of these will be published later this year.
Tackling Delay in the Criminal Justice System
Tackling delay and the reasons which can cause delay is an important
aspect of improving the public’s confidence in the criminal system. The
Chief Inspector of Criminal Justice in Northern Ireland published a ‘Report
on Avoidable Delay’ in 2006. In response an inter-agency Delay Action
Team has been established to implement a Delay Reduction Strategy.
We have appointed a number of Case Progression Officers to work
closely with the judiciary, prosecution and defence to reduce avoidable
delay. The Case Progression Officers are responsible for monitoring the
progress of criminal cases when they reach the courts.
Fine Default
In order to improve the effectiveness of current arrangements for fine
enforcement, we operated a Fines Officer pilot in the divisions of Belfast and
Ards to encourage prompt payment of fines. The results of the pilot show that
the number of fines being paid without the need for enforcement action increased
by 21% and the number of committal warrants being issued decreased by almost
one-third. It has now been agreed to extend the use of Fines Officers throughout Northern Ireland.
We also launched (jointly with the Northern Ireland Office) a consultation
on proposals to address fine default. The purpose of this initiative is to
reduce the number of people sent to prison each year for failing to pay a
fine. Responses to the consultation are being analysed and a Government
response will be published shortly.
Victims and Witnesses
We continue to work closely with other criminal justice agencies to fulfil
commitments detailed in ‘Bridging the Gap’, a five year strategy launched in
September 2007. This year we contributed to the development of a Victims
and Witness handbook, which provides a step by step guide to the Criminal
Justice process. We also supported the development of NSPCC premises
to establish the first witness link room which is off-site from a courthouse.
Supporting the Community
The Court Service Outreach Programme coordinates and underpins a
commitment to promote and enhance knowledge and understanding about
the courts and the wider justice system.
We have continued proactive outreach, maintaining our disability positive
action programmes in conjunction with DEL’s ‘Access to Work’ programme
and other charitable and voluntary agencies including the Orchardville
Society and the Cedar Foundation.
During 2008/09 the Court Service organised a wide range of educational
and community based activities throughout Northern Ireland including
a range of court visits tailored to meet the needs of schools, colleges,
community groups and the general public. We facilitated almost 150
school visits and work placements this year, as well as 5 Duke of Edinburgh
group visits across the province.
We continue to support the Citizenship Curriculum in the classroom through
our Education Online website. The website provides information about
the courts and criminal justice system, and is aimed at primary school, key
stage 2 & 3 and post 16 level.
We supported Criminal Justice Week, which this year included the National
Magistrates’ Court Mock Trial Competition, hosted in Laganside Courts.
The BBC accepted an invitation to film this year’s Northern Ireland heat of
the competition, which will be available on our Education Online website.
We also invited local schools to attend
themed open days at 2 court venues.
One event was filmed by NEELBTV, and
circulated to all schools & posted on our
Education Online programme. Filming these
events is a major new direction for outreach
and will enable teachers to use the video as
a learning tool in the classroom. Criminal Justice Week received a high level of media attention this year, with
coverage by BBC Northern Ireland including a televised interview with the
Lord Chief Justice. Further information on our outreach and community
programmes can be found on our website at www.courtsni.gov.uk.
Devolution of Policing & Justice
In March 2009 members of the Court Service Management Board gave
evidence to the Assembly & Executive Review Committee on the devolution
of policing and justice powers to the Northern Ireland Assembly.
Northern Ireland Act 2009
The Northern Ireland Act 2009 made a number of changes to the
arrangements for the appointment and removal of judges. These new
arrangements were made in preparation for the devolution of policing
and justice.
Information Assurance
We recognise information as a key business asset that we need to protect.
Information assurance provides this protection by managing risks to the
confidentiality, integrity and availability of information so that our business
always functions effectively. That assurance, achieved through a number
of related policies, guidance and training of staff, is important because it
enhances our reputation by instilling the public with greater confidence
in how we collect, store, transfer and dispose of their information and all
other official information required for our business.
Throughout the period of this annual report we were not required to report
any information risk incidents to the Information Commissioner.
We published a revised Publication Scheme in January 2009, in line
with the Information Commissioner’s Office. This is in compliance with
the Freedom of Information Act 2000 and sets out a range of information
that is held by the organisation and released pro-actively into the
public domain. Our publication scheme is available on our website
(www.courtsni.gov.uk)
ISO 27001 Certification
We achieved re-certification to ISO 27001 following a successful Continuous Assessment
Visit (CAV) undertaken by the British Standards Institute in February 2009. ISO27001 is
the international standard for security best practice which has recently been mandated by
the Ministry of Justice. The NI Court Service was one of the first government departments
to achieve certification to this standard, which underpins all Court Service security activity
and has ensured that the organisation is well positioned to comply with a wide range of
the mandatory security requirements that have been published by Cabinet Office over the
last 18 months.
Supporting an Independent Judiciary
Partnership Working
We work in partnership with the judiciary on a wide range of issues as they affect the courts,
including the achievement of our court performance standards (this year’s performance
achievements can be found at Annex E).
Judicial Appointments
We support the work of the Northern Ireland Judicial Appointments Commission, working
closely with the Commission to ensure judicial appointments are made in a timely way in
accordance with business need.
We also have in place a Memorandum of Understanding relating to corporate governance
with the Northern Ireland Judicial Appointments Ombudsman.
Annex
Staffing
At end March 2009, the Court Service staffing complement was 776 posts, the
majority of whom work within our course business of delivering front-line
services at each of our 21 courthouses.
Staff Complement |
|
| Court Operations |
570 |
| Policy & Legislation |
24 |
| Finance Division |
99 |
| Public Funded Legal Services |
21 |
| Tribunal Reform |
15 |
| Office of the Lord Chief Justice |
30 |
| MB Secretariat / Personal Secretaries |
9 |
| Management Board |
8 |
| Total |
776 |
The majority of our staff join the department at the entry grade of
administrative officer. Specialised posts are advertised as required throughout
the year, These would include professionally qualified legal and accountancy
appointments.
Staff Complement |
|
| Administrative Officer |
354 |
| Executive Officer |
220 |
| Staff Officer |
90 |
| Deputy Principal |
51 |
| Principal Officer |
42 |
| Grade 6 |
10 |
| Grade 5 |
8 |
| Grade 3 |
1 |
| Total |
776 |
Resources
Resources 2008/09
The Northern Ireland Court Service receives its funds from Parliament, supplemented by income from civil court fees.
Financial Position
This was the first year of the Comprehensive Spending Review 2007 [CSR 07] covering the period 2008/09 to 2010/11. The CSR 07 settlement is a
challenging
financial settlement for the Northern Ireland Court Service and we have been working closely with HM Treasury to ensure that the settlement is
manageable.
Out Spending is divided into three different categories:
Administration
which supports normal operational or support costs;
Programme:
which supports the costs of frontline services including the provision of legal Aid; and
Capital
which includes building improvements and major Information Technology programmes.
| Resources 2008/09 |
£'000 |
Administration Costs
(Salaries, capital charges, general
administrative expenses and maintenance of buildings, computers and other equipment) |
16,041 |
| Programme Costs(mainly expenditure of court buildings, juries and administration costs of front-line services |
63,789 |
| Legal Aid(including administrative costs |
86,983 |
| Income | 24,772 |
| Net Costs | 142,051 |
| Capital | 8,132 |
| Consolidated Fund (judicial salaries and related costs) | 7,624 |
Details of the Court Service accounts can be found in our Annual Resource Accounts for 2009/09, which is available on our website www.courtsni.gov.uk
Public Bodies 2008/09
The court service has responsibility for the following Non Departmental Public Bodies (NDPBs).
Executive NDPBs
- Northern Ireland Legal Services Commission
- Northern Ireland Judical Appointments Commission
The Legal Services Commission was established in November 2003 and
is responsible for the provision of publicly funded legal services under the
Legal Aid Scheme.
The Judicial Appointments Commission was established in June 2005 and
is responsible for appointments up to and including High Court Judge.
There were a total of 155 staff employed in the two Executive NDPBs at 31 March
2009 and the combined expenditure for 2008/09 was approximately £88m.
Advisory NDPB's
- 2 Advisory Committees on General Commissioners of Income Tax*.
- 8 Advisory Committees on Justices of the Peace
The Advisory Committees on Justices of the Peace advise the Lord
Chancellor on the appointment of Justices of the Peace in Northern Ireland.
Tribunal NDPBs
Criminal Injuries Compensation Appeals Panel for Northern Ireland.
| Statistical Information On NDPB Appointments At 31 March 09 |
| Total Appointees | Males | females | Ethnic Minorities | Disabled |
| 108 | 71 |
37 (34.3%) | 0 |
1 (0.93%) |
Please Note: No ethnicity or disability information is held in respect of the
Advisory NDPBs.
Court Performance Standards 2008/09
Criminal Business
To facilitate the efficient disposal of 80% of criminal business'
- 80% of Crown Court defendants will be arraigned within six weeks
of committal; (In 2008/09 94% was achieved)
- 80% of Crown Court defendants will start their trial within eighteen
weeks of committal; (In 2008/09 79% was achieved)
- 80% of Crown Court defendants will be sentenced within six weeks
of a plea or finding of guilt; (In 2008/09 75% was achieved)
- 80% of magistrates’ courts defendants will have their case disposed
of within nine weeks of first listing; (in 2008/09 77% was achieved)
- A finding will be reached within twelve weeks from first listing for
80% of youth court defendants. (In 2008/09 68% was achieved)
Criminal Court Business
-Volumes, Disposals and Performance
| Business Volumes Received | 2008/09 | % difference* |
| Total criminal business | 56211 | -6% |
| Crown Court cases | 1251 | -14% |
| Magistrates’ adult defendants | 52058 | -5% |
| Magistrates’ youth defendants | 2902 | -15% |
| | |
| Business Volumes Disposed | | |
| Total criminal business | 55362 | -6% |
| Crown Court cases | 1379 | -1% |
| Magistrates’ adult defendants | 50972 | -6% |
| Magistrates’ youth defendants | 3011 | -10% |
| Sittings | | |
| | |
| Total criminal sittings | 6760 | +8% |
| Crown Court | 2739 | +11% |
| Magistrates’ adult | 3473 | +7% |
| Magistrates’ youth | 548 | -1% |
| | |
| Performance against a target of 80% compliance | | |
| Crown Court | 79% | +2% |
| Magistrates’ adult | 77% | no change |
| Magistrates’ youth | 68% | no change |
*compared to equivalent data for the 2007/08 period
Civil Business
To facilitate the efficient disposal of 97% of civil business
- 97% of civil bills will be listed for hearing within eighteen3 weeks
from lodgement of appropriate documentation; (In 2008/09 99%
was achieved)
- 97% of small claims default decrees will be processed within
five working days of appropriate issue date; (In 2008/09 81%
was achieved)
- 97% of mortgage applications will be listed for hearing within
six4 weeks of lodging appropriate documentation; (In 2008/09
100% was achieved)
- 98% of Queens Bench writs set down will be listed for hearing
within 175 weeks (In 2008/09 98% was achieved)
Civil Court Business
-Volumes, Disposals and Performance
| Business Volumes Received | 2008/09 | % difference* |
| Civil Bills (NIDs) | 7066 | +11% |
| Small Claims | 14024 | +10% |
| Writs set down | 1160 | -40% |
| Mortgages received | 3893 | +37% |
| | |
| Business Volumes Disposed | | |
| Total civil business | 26888 | +14% |
| Ordinary Civil Bills | 10364 | +7% |
| Small Claims | 11591 | +8% |
| Writs disposed | 2491 | +38% |
| Mortgages disposed | 2442 | +77% |
| | | |
| Sittings | | |
| Total civil sittings | 3189 | +6% |
| County Court | 2321 | +2% |
| Queen’s Bench | 652 | +28% |
| Chancery | 216 | +1% |
| | |
| Performance against a target of 80% compliance | | |
| Civil Bills | 99% | -1% |
| Small Claims | 81% | -18% |
| Writs set down | 98% | -1% |
*compared to equivalent data for the 2007/08 period
| Mortgages received | 100% | +9% |
* compared to equivalent data for the 2007/08 period
Family Business
To facilitate the efficient disposal of 97% of family business
- 97% of Children Order application will be listed for hearing within ten
weeks of receipt; (In 2008/09 we achieved 100%)
- 95% of Office of Care and Protection annual case reviews will be
carried out within six weeks of receipt of complete Controllers’
accounts; (In 2008/09 we achieved 90%)
- 95% of applications under the Mental Health Order will be listed
within five weeks of receipt; (In 2008/09 we achieved 91%)
- 95% of divorces will be awarded within 10 weeks of pleading.
(In 2008/09 we achieved 94%)
Family Court Business
-Volumes, Disposals and Performance
| Business Volumes Received | 2008/09 | % difference* |
| Children Order applications | 4025 | -2% |
| Divorces received | 2940 | +2% |
| | |
| Business Volumes Disposed | | |
| Children Order applications | 26888 | +5% |
| Divorces disposed | 10364 | -4% |
| | | |
| Sittings | | |
| Children Order | 3189 | +3% |
| | |
| Performance against a target of 80% compliance | | |
| Children Order | 99% | +2% |
*compared to equivalent data for the 2007/08 period
Enforcement of Judgments Office
Our targets for the Enforcement of Judgments Office were to:
- Issue 85%9 of notices of intention within two days of receipt: 94% issued
- Recover £8.00 in judgment debt for every £1 spent in enforcement fees:
£4.13 recovered
- Complete 95% of register searches within one10 day of receipt: 100% completed
- Recover by payment 65%11 of total debt lodged: 31% recovered
- Accept 90% of Enforcement applications within nine days of receipt: 96% accepted
- Complete 80% of repossessions within one hundred days of allocation to an
enforcement officer: 87.4% completed.
Tribunal Business
To facilitate the efficient disposal of tribunal business
- 95% of Northern Ireland Valuation Tribunal cases will be listed within eight weeks of
representations from all parties being received (In 2008/09 we achieved 100%)
- 98% of applications for leave to appeal to the Social Security Commissioner will be
listed within eight weeks of a direction (In 2008/09 we achieved 100%)
- 90% of Pension Appeals will be listed for hearing within 20 weeks of receipt of the
statement of case (In 2008/09 we achieved 48%)
- 95% of Traffic Penalties Tribunal postal/in person applications will be listed within 40
days of receipt of appeal papers (In 2008/09 we achieved 100%)
- 90% of CICAPNI cases will be listed within 13 weeks of agreed papers being
received. (In 2008/09 we achieved 92%)
CICAPNI specific targets:
- To resolve 90% of appeals returned by Presenting Officers Section within six months
of receipt (In 2008/2009 we achieved 98%)
- To hear maximum of six and a minimum of four cases per daily hearings session
(Achieved in 2008/2009)
- Average cost of each appeal to be maintained below £1k
(In 2008/2009 the cost was £790 per case)
- To receive less than 10 complaints per year (In 2008/2009 we received five)
- To receive 15 or less applications for judicial review per year
(We received five applications for JR in 2008/09)
Tribunal business performance targets were introduced for the first time this year therefore
comparable business volume figures for tribunal business for the corresponding period
last year are not available.
The work of the Court of Northern Ireland
The Court of Judicature
The Court of Appeal
The Court of Appeal sits at the Royal Courts of Justice in Belfast. The
Judges of the Court of Appeal are the Lord Chief Justice (who is the
President of the Court of Appeal) and three Lord Justices of Appeal.
The Court of Appeal hears appeals in criminal matters from the Crown
Court and civil matters from the High Court. It also hears appeals on
points of law from the county courts, magistrates’ courts and certain
appeal tribunals.
The High Court
The High Court sits at the Royal Courts of Justice in Belfast. It consists
of the Lord Chief Justice and ten High Court judges. The High Court
hears high value and complex civil cases. The High Court comprises
three Divisions: the Chancery Division, Queen’s Bench Division and
Family Division.
The Crown Court
The Crown Court has exclusive jurisdiction to try offences charged on
indictment. Offences tried on indictment are the more serious offences.
The Lord Chief Justice is President of the Court and the Lords Justices
of Appeal, High Court judges and county court judges all sit in the Crown
Court. The Crown Court normally sits at twelve venues throughout
Northern Ireland.
Taxation of Costs
The Supreme Court Taxing Office, which operates under the direction of
a High Court Master, is responsible for the assessment of costs payable
to solicitors and counsel in respect of all civil cases conducted before the
Court of Appeal or the High Court (a procedure known as taxation).
County Courts
In Northern Ireland there are seven county court divisions. There is a
complement of 17 county court judges and four district judges. Civil
cases are commenced in the county court if the value of the case is
less than £15,000 (or less than £45,000 in equity matters).
Many cases in which the sum involved does not exceed £2,000 will
be dealt with by a district judge by way of arbitration, called the
small claims procedure, which is primarily designed to resolve simple
consumer disputes based on a default procedure. Small claims
arbitrations are informal and do not adhere strictly to the rules of
evidence and county court procedure. Parties are encouraged to
represent themselves rather than engaging solicitors, and legal aid is
not available for representation in such cases.
County courts also have jurisdiction to hear applications for adoptions
and undefended divorces. The county courts have jurisdiction to
determine appeals against decisions made by the Secretary of State
for Northern Ireland by claimants for compensation under the criminal
injuries and criminal damage legislation. Applications for the grant of
intoxicating liquor licenses and certificates of registration for clubs
are also made to the county courts. In addition to its original civil
jurisdiction the county court hears appeals under a number of statutory
provisions from the magistrates’ courts or from other tribunals.
Family Business
Four county courts have been designated as Family Care Centres to deal
with certain applications or appeals relating to the care or welfare of a
child or young person under the Children (Northern Ireland) Order 1995.
Magistrates’ Courts
There are 21 petty sessions districts in Northern Ireland. A magistrates’
court (other than a youth court or family proceedings court) is presided
over by a Resident Magistrate.
Criminal Business
Magistrates’ courts exercise two basic functions in respect of
criminal proceedings:
1) the summary trial of relatively minor offences or of indictable
offences which may be tried summarily. The vast majority of criminal
cases in Northern Ireland are dealt with by the magistrates’ courts.
A preliminary examination of the case against an accused who is to
be tried on indictment in the Crown Court.
2) Youth Courts are specially constituted courts of summary jurisdiction
composed of a Resident Magistrate and two Lay Magistrates (of
whom at least one must be a woman) which deal with criminal
matters in relation to children.
Civil Business
The main types of civil business transacted by the magistrates’ courts are
debt processes, and applications for certain licenses.
Coroners Courts
There are four full-time Coroners in Northern Ireland - one of whom is a
Senior Coroner. There is also a Presiding Judge for the Coroners Service.
Social Security Commissioners and Child Support Commissioner
Social Security Commissioners are appointed under the Social Security
Administration (Northern Ireland) Act 1992. They hear appeals from Appeal
Tribunals in relation to matters arising under the social security system. Child
Support Commissioners are appointed under the Child Support Act 1991
and they hear appeals from Child Support Appeal Tribunals. Apart from the
Chief Commissioner there is one other fulltime Commissioner.
The Enforcement of Judgments Office
The Enforcement of Judgments Office (EJO) deals with enforcing money
judgments and also enforces other types of civil judgments such as those
that are connected with the possession of land and property. It is not a
debt-collecting agency.
Judicial Complement in Northern Ireland
Judicial complement of salaried judicial officers in Northern
Ireland as at 31 March 2009
| Office | Complement |
| Lord Chief Justice | 1 |
| Lord Justice of Appeal | 3 |
| High Court | 10 |
| High Court Masters | 3 |
| County Court Judges | 17 |
| District Judges | 4 |
| District Judges (Magistrates Court) | 21 |
| Social Security and Child Support Commissioners | 2 |
| Coroners | 4 |
| Total | 69 |
| | |
| Lay Magistrates | 229 |
| | |
| Number of Deputy and fee paid Judicial Officers as at 31
March 2009 |
| | |
| Deputy Posts | Total |
| Deputy District Court Judges | 26 |
| Deputy District Judges | 5 |
| Deputy District Judges (Magistrates' Court | 19 |