Northern Ireland Court Service Judicial Statistics 2004

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Index

Part A: The Court of Appeal

• Tables - Criminal Appeals
  
  • Table A.1 Criminal appeals lodged and disposed of from 2000-2004
  • Table A.2 Types of appeal lodged in 2004
  • Table A.3 Results of appeals by type in 2004
• Tables - Civil Appeals
  
  • Table A.4 Appeals set down and disposed of by origin and type in 2004

Part B: The High Court –

• Tables - Chancery Division
  
  • Table B.1 New business entered by relief claimed from 2000-2004
  • Table B.2 Disposals by judge type in 2004
  • Table B.3 Actions commenced by writ of summons from 2000-2004
  • Table B.4 Bankruptcy proceedings new business from 2000-2004
  • Table B.5 Bankruptcy proceedings disposals from 2000-2004
  • Table B.6 Companies proceedings - New business from 2000-2004
  • Table B.7 Companies proceedings - Disposals from 2000-2004
• Tables - Queen’s Bench Division
  
  • Table B.8 Writs and originating summonses issued from 2000-2004
  • Table B.9 Judgments by default from 2000-2004
  • Table B.10 Cases set down and disposed of - General list from 2000-2004
  • Table B.11 Cases disposed of - General list - Method of disposal in 2004
  • Table B.12 Cases disposed of - General list - Result of Court disposal in 2004
  • Table B.13 Cases disposed of - General list - Types of plaintiff and respondent 1 Jan th– 4 July 2004
  • Table B.13 Cases disposed of - General list - Types of plaintiff and respondent 5 Jul – 31 Dec 2004
  • Table B.14 Cases disposed of - General list - Final value in 2004
  • Table B.15 Cases disposed of - General list – Time Intervals in 2004
  • Table B.16 Cases set down and disposed of - Commercial list in 2004
  • Table B.17 Cases set down and disposed of - County Court and criminal injury appeals from 2000-2004
  • Table B.18 Cases set down and disposed of – Master’s appeals from 2000-2004 Table B.19 Sundry Queen’s Bench proceedings in 2004
  • Table B.19 Sundry Queens Bench proceedings in 1st Jan -4th July 2004
  • Table B.20 Number of Applications Received and Disposed of 5th July 2004 – 31st December 2004
  • Table B.21 Type of bail applications in High Court from 2000-2004
  • Table B.22 Outcome of bail applications from 2000-2004
  • Table B.23 Judicial Reviews in the High Court from 2000-2004
  • Table B.24 Registrations under the foreign judgments from 5 July 2004 – 31st December 2004
• Tables - Family Division
  
  • Table B.25 Divorce – Petitions filed in 2004
  • Table B.26 Divorce – Cases in judges lists in 2004
  • Table B.27 Proportion of Decrees Nisi granted in High Court from 2000-2004
  • Table B.28 Divorce – Number of decrees granted by type of decree and facts proved in 2004
  • Table B.29 Divorce – Matrimonial appeals in 2004
  • Table B.30 Miscellaneous proceedings under jurisdiction from 2000-2004
  • Table B.31 Probate grants: Non-contentious proceedings in 2004
  • Table B.32 Probate grants from 2000-2004
  • Table B.33 Office of Care and Protection – Mental Health proceedings from 2000-2004
  • Table B.34 Office of Care and Protection – Adoption from 2000-2004
  • Table B.35 Office of Care and Protection – Wardship from 2000-2004
  • Table B.36 Office of Care and Protection – Abductions from 2000-2004
  • Table B.37 Office of Care and Protection – Freeing applications from 2000-2004
  • Table B.38 Official Solicitor’s Office – Patients caseload from 2000-2004
  • Table B.39 Official Solicitor’s Office – Minors caseload from 2004
• Tables - Taxing Office
  
  • Table B.40 Taxation of Costs in 2004
• Tables - Sittings and courtroom use
  
  • Table B.41 High Court Judge sitting days: Majority business from 2000-2004
  • Table B.42 Court of Appeal and High Court business sitting times from 2000-2004

Part C: Crown Court

• Table C.1 Cases for trial and miscellaneous applications in the Crown Court in 2004
• Table C.2 Cases for Trial in the Crown Court in 2004
• Table C.3 Committal to arraignment waiting time for defendants dealt with in 2004
• Table C.4 Arraignment to start of hearing waiting time for defendants dealt with in 2004
• Table C.5 Average time in weeks from committal to first hearing for defendants disposed of in 2004
• Table C.6 Total number of charges disposed during 2004
• Table C.7 Days sat by Judges at Crown Court (majority business) from 2000-2004
• Table C.8 Days sat by High Court and County Court Judges at Crown Court in 2004
• Table C.9 Court Sittings and average sitting times in 2004

Part D: County Court

• Table D.1 Number of appellants from Magistrates’ Courts dealt with from 2000-2004
• Table D.2 Number of appeals from Magistrates’ Courts in 2004
• Table D.3 Appeals from Magistrates’ Courts – Number of appeals against conviction and sentence only in 2004
• Table D.4 Appeals from Magistrates’ Courts – Number appeals against sentence only in 2004
• Table D.5 Appeals from Magistrates’ Courts – Number of civil appeals in 2004
• Table D.6 Number of criminal injury cases in 2004
• Table D.7 Number of ordinary civil bills entered and dealt with from 2003-2004
• Table D.8 Number of Civil Bills dealt with by disposal type in 2004
• Table D.9 Number of ordinary civil bills dealt with by value of award in 2004
• Table D.10 Number of default judgments lodged in 2004
• Table D.11 Number of small claims entered and dealt with in 2004
• Table D.12 Number of undefended divorce cases disposed of in County Courts in 2004
• Table D.13 Number of decrees Nisi granted from 1992-2004
• Table D.14 Decree Absolutes granted in the County Court in 2004
• Table D.15 Number of other civil cases in the County Court in 2004
• Table D.16 Number of other Cases disposed of in the County Court from 2000-2004
• Table D.17 County Court Judges days by type of judge from 2000-2004
• Table D.18 Days sat by judges by majority County Court business from 2000-2004
• Table D.19 Days sat by District Judges and Deputy District Judges from 2000-2004
• Table D.20 Court sitting times and courtroom usage in 2004

Part E: Magistrates’ Courts

• Tables - Adult criminal business
  
  • Table E.1 Adult criminal business defendants in 2004
  • Table E.2 Charges brought in 2004
  • Table E.3 Outcome of charges in 2004
  • Table E.4 Types of disposals from 2001-2004
  • Table E.5 Average waiting times in 2004
• Tables - Youth criminal business
  
  • Table E.6 Youth criminal business defendants in 2004
  • Table E.7 Charges brought in 2004
  • Table E.8 Outcomes of charges in 2004
  • Table E.9 Types of disposals in the youth court from 2002-2004
  • Table E.10 Average waiting times youth defendants from 2004
  • Table E.11 Adult and youth committals in 2004
• Tables - Civil business
  
  • Table E.12 Civil cases disposed in 2004
  • Table E.13 Outcome by type of application in 2004
• Tables - Legal Aid
  
  • Table E.14 Criminal Aid certificates in 2004
• Tables - Court sitting times and business
  
  • Table E.15 Calendar and additional sittings in 2004
  • Table E.16 Belfast Sitting Days in 2004
  • Table E.17 Special Courts in 2004

Part F: Children Order

• Table F.1 Free-standing cases by venue in 2004
• Table F.2 Free-standing proceedings by type in 2004
• Table F.3 Connected proceedings by tier in 2004
• Table F.4 Average lodgment to disposal time (in weeks) for
• Children Order Cases: Free-standing cases in 2004
• Table F.5 Outcome of Children Order applications: Free-standing Cases in 2004
• Table F.6 Applicants and respondents: Free-standing cases in 2004
• Table F.7 Age and gender of children involved: Free-standing cases in 2004
• Table F.8 Reasons for the transfer of business in 2004
• Table F.9 Total court time taken in 2004
• Table F.10 Average Children’s Order sitting times in 2004
• Table F.11 Children Order sitting day by venue in 2004
• Table F.12 Minority days in the Care Centres in 2004

Part G Sundry Commissions, Tribunals and Courts

• Table G.1 Social Security Commissioners caseload from 2000-2004
• Table G.2 Social Security Commissioners caseload from 2000-2004
• Table G.3 Social Security Commissioners caseload from 2000-2004
• Table G.4 Pensions Appeals Tribunal caseload from 2000-2004
• Table G.5 Pensions Appeals Tribunal caseload from 2000-2004
• Table G.6 Pensions Appeals Tribunal caseload 2000-2004
• Table G.7 Pensions Appeals Tribunal caseload from 2000-2004
• Table G.8 Coroners’ caseload in 2004

Part H: Enforcement of Judgments Office

• Table H.1 Enforcement Orders made from 2000-2004
• Table H.2 Applications for Enforcement from 2000-2004
• Table H.3 Applications for Enforcement accepted from 2000-2004
• Table H.4 Orders for Enforcement from 2000-2004
• Table H.5 Moneys received: Payment/Fees from 2000-2004
• Table H.6 Hearing and attendance details from 2000-2004

Part I: Court Funds Office

• Table I.1 Court Funds Office holdings in 2004/05

Appendix 1: Judge sitting days

Introduction

1 Contents

The statistics in this report relate to the criminal and civil business conducted by the courts in Northern Ireland, and to the work of some associated tribunals and offices for which the Lord Chancellor, Secretary of State for Constitutional Affairs, also has ministerial responsibility. This introduction sets out a brief description of the constitution, jurisdiction and practice of the courts and offices to which the statistics relate.

During 2004, there were changes in the collection of data in the High Court and county court. As a result, there will be a delay in the release of figures for the High Court and the county court. These will be released on 27th January 2006.

2 The Court Structure

The Supreme Court of Judicature of Northern Ireland consists of the Court of Appeal, the High Court and the Crown Court (all of which are known as Superior Courts) (See Figure 1).

The Supreme Court is constituted under the Judicature (Northern Ireland) Act 1978 and exercises jurisdiction throughout Northern Ireland.
The inferior courts are the county courts and magistrates’ courts. There are seven county court Divisions and twenty-one petty session districts.
Generally speaking each county court and each magistrates’ court may only exercise jurisdiction over matters arising within the county court division within which the court sits.

3 General Notes

Day sat: This is a day on which a judge sat to hear business. It is classified on the basis of the type of business the judge heard on that day.
Sitting: This is a period of work by a judge in a single courtroom on a single day. Several types of business may be heard at one sitting. Businesses heard in different courtrooms, whether at the same venue or elsewhere, are counted as separate sittings.

4 Databases

There are a number of databases that are used to carry out the analysis in this report. As some of these databases are live databases, the figures here are taken at a cut off point of the 30 June 2005. If further validations are run or if late returns are entered after this date, the figures here could be amended.

The Court Structure in Northern Ireland

Part A Court of Appeal

Court of Appeal is divided into civil and criminal. It hears appeals from decisions in the High Court and against convictions or sentences passed by the Crown Court.

Key Facts during 2004

• 94 criminal appeals were lodged in the Court of Appeal
  
• 69 criminal appeals were disposed of in the Court of Appeal
  
• 80 criminal appeals were pending at the end of 2004
  
• 16 criminal appeals were successful
  
• 103 civil appeals were set down in the Court of Appeal
  
• 91 civil appeals were disposed of in the Court of Appeal
  
• 91 civil appeals were pending at the end of 2004

Figure A.1 Criminal appeals lodged and disposed of from 2000-2004

Part A - Court of Appeal

1 Introduction

The Court of Appeal normally 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) and three Lord Justices of Appeal. High Court Judges may also sit in the Court of Appeal.

The Court of Appeal hears appeals in criminal matters from the Crown Court and appeals in civil matters from the High Court. It also hears appeals on points of law from the county courts, magistrates’ courts and certain Tribunals.

A case in the Court of Appeal will usually be heard by three judges and sometimes by two. Incidental matters may be heard by a single judge.

2 Commentary

2.1 Criminal Appeals

The number of criminal appeals lodged in 2004 increased from 73 in 2003 to 94 (Table A.1).

Table A.1 Criminal appeals lodged and disposed of from 2000-2004

There were 70 appeals lodged against sentence only, 5 were against
conviction while the remaining 19 were against both conviction and sentence.
Of the appeals lodged during 2004, 9 resulted from trials dealing with
scheduled offences (Table A.2).

Table A.2 Types of criminal appeal lodged in 2004

There were 16 successful appeals in 2004 with 5 appeals refused; 4 were
abandoned and 24 were withdrawn (Table A.3).

Table A.3 Results of criminal appeals by type in 2004

2.2 Civil Appeals

There were 103 civil appeals were set down in 2004, 17 more than the 2003
total of 86. As in previous years, the main source of civil appeals was the
Queen’s Bench Division of the High Court (34 cases excluding interlocutory
appeals). Including the 79 appeals pending at the end of 2003, the total
caseload for 2004 was 182. A total of 91 appeals were disposed of during the
year (Table A.4).

Table A.4 Appeals set down and disposed of by origin and type in 2004

2.3 Sitting Times

The number of judge days spent on criminal appeals (by majority type of
work) increased from 86 days in 2003 to 140 days in 2004. A total of 398
hours were spent in court hearing criminal appeals in 2004 compared with 201
hours in 2003. There were 159 judge days (by majority type of work) spent on
civil appeals during 2004 compared with 81 in 2003. A total of 430 hours were
spent in court hearing civil appeals compared with 176 during 2003 (Figure
A.2).

Figure A.2 Number of Judge Sitting Days (majority days) from 2000-2004

3 General Notes

3.1 Table A.4

Interlocutory appeal: (See also interlocutory proceedings in Queen’s Bench
Division section). An appeal against a decision in an interlocutory application.
Magistrates’ court (Section 44 Judicature Act): Appeals against findings of,
and punishments for contempt of court from the magistrates’ court to the
Court of Appeal are under section 44 of the Judicature (Northern Ireland) Act
1978. Section 44 is not limited to appeals from the magistrates’ court, but
extends to contempt from other courts.

Part B High Court

The High Court is a civil court which consists of three divisions:-

1. Chancery - property matters including fraud and bankruptcy
   
2. Queen’s Bench - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander
   
3. Family - concerned with matrimonial maters and proceedings relating to children, eg wardship.

Key facts during 2004

• 2,198 mortgage applications were entered in Chancery
  
• 2,447 bankruptcy proceedings were entered
  
• 2,587 bankruptcy proceedings were disposed
  
• 288 companies proceedings were disposed
  
• 927 judgments by default were entered
  
• 5,405 writs and originating summons were issued
  
• 3,005 bail applications were entered
  
• 2,808 divorce petitions filed in the High Court

Figure B.1 Judgments by Default in 2004

1 Introduction

In Northern Ireland civil justice is administered mainly by the County Courts
and the High Court. County Courts deal with cases of lesser value, substance,
importance and complexity while the High Court handles more substantial or
complex cases. Details of the limits on the jurisdiction of the County Court are
given in Part D.

Where cases suitable for trial in the County Courts are commenced in the
High Court, the High Court may remit (transfer) a case to a County Court.
Similarly, appropriate cases may be removed from the County Court to the
High Court.

The High Court normally sits at the Royal Courts of Justice in Belfast. It
consists of the Lord Chief Justice (who is the President), three Lord Justices
of Appeal and nine other Judges (Puisne Judges). The High Court has three
divisions, each handling different types of work:

1.1 Chancery

The principal business assigned to the Chancery Division is:

• Land and property matters
  
• The execution or declaration of trusts
  
• Bankruptcy and winding up proceedings
  
• The dissolution of partnerships

1.2 Queens Bench Division

The Queen’s Bench Division deals principally with:

• Actions in contract
  
• Actions in tort (typically personal injury actions arising from road
  traffic accidents, industrial accidents, false imprisonment and medical
  negligence)
  
• Public law cases (for example, applications for judicial review of the
  decisions of the inferior courts, tribunals, public bodies or Government
  Ministers)
  
• Defamation (libel and slander)
  
• Miscellaneous statutory matters (for example, Admiralty cases)
  
• Appeals from the county courts

1.3 Family Division

The principal business assigned to the Family Division is:

• Matrimonial cases (such as divorce, nullity, judicial separation and
  ancillary relief matters, including applications under Article 8 of The Children (Northern Ireland)
  Order 1995 [S.I.1995/755 (N.I.2)] for residence and contact in relation
  to children of the marriage and financial provision orders)
  
• applications pertaining to children under the following legislation: -
  
  • The Children (Northern Ireland) Order 1995
    
  • The Adoption (Northern Ireland) Order 1987
    
  • The Family Homes and Domestic Violence (Northern Ireland) Order 1988
    
  • The Judicature (Northern Ireland) Act 1978
    
  • The Child Abduction and Custody Act 1985
    
  • The Family Law Act 1986
    
  • The Family Law Reform (Northern Ireland) Order 1977
    
• Patients financial affairs (dealing with persons who, by way of
  mental incapacity, require the protection of the court)
  
• Registration of Enduring Powers of Attorney.

1.4 Procedure, mode of trial and disposal of cases

Actions may be commenced in the High Court in a variety of ways. The most
common form of originating document is the writ of summons. Actions can
also be commenced in certain circumstances by use of an originating
summons, originating motion or petition. The purpose of these originating
procedures is to set out, in varying degrees of detail, the subject matter of the
dispute between the parties. Between the commencement of the proceedings
and disposal of the case, there are often ancillary matters which arise
between the parties which require to be resolved by reference to the court.
Such applications to the court (which are known as interlocutory applications)
will normally be dealt with by one of the Masters of the Supreme Court.
Two Masters are assigned to assist in Chancery Division (dealing with
Chancery and Bankruptcy business). Two Masters are assigned to Queen’s
Bench Division (one of whom also assists in the business of the Court of
Appeal). Two are assigned to Family Division (dealing with probate and
matrimonial matters and with cases involving care and protection of children
and patients).

Trials in the High Court are normally dealt with by a single Judge of the High
Court, but there is a right of trial before a judge and jury in fraud, libel, slander,
malicious prosecution or false imprisonment cases.

Disputed cases before the High Court may be disposed of in a number of
ways:

• the parties agree to discontinue the action;
  
• the parties reach agreement out of court (known as a settlement);
  
• the case proceeds to trial and the Judge makes an Order.
  

Special arrangements are also made to allow a claimant to obtain a speedy
judgment (known as summary judgment) either where the other party does
not dispute the claim or where the plaintiff can establish at an early stage that
the other party has no real defence to the action.

Details of rules regulating the practice and procedure to be followed before
both the Court of Appeal (in civil cases) and the High Court can be found in
The Rules of the Supreme Court (Northern Ireland) 1980 [S.R. No. 346] as
amended.

1.5 Taxation of Costs

The Supreme Court Taxing Office, which operates under the direction of the
Master (Taxing Office) is responsible for the assessment of costs (a
procedure known as taxation) in all civil cases conducted before the Court of
Appeal or the High Court.

In practice, a formal taxation will only be required where the parties to the
proceedings are unable to reach agreement as to the appropriate amount of
costs due or where the costs are to be paid out of public funds (i.e. the legal
aid fund).

The Master (Taxing Office) is also responsible, by virtue of The Criminal
Appeal (Northern Ireland) Act 1980 (1980 C.47) as amended, for the taxation
of costs in criminal proceedings in the Court of Appeal.

From 1st January 1993, the Master has also had a role in certifying, reviewing
and hearing appeals in respect of legal aid costs incurred by solicitors and
counsel in criminal proceedings in the Magistrates’ Courts and the Crown
Court under the Legal Aid in Criminal Proceedings (Costs) Rules (Northern
Ireland) 1992 [S.R.1992 No 314] as amended.

2 Commentary

2.1 Bankruptcy and Chancery Division (including Companies Court)

Bankruptcy and Chancery Division is divided into three main areas;

1. Chancery
   
2. Bankruptcy
   
3. Companies Court

2.1.1 Chancery Matters

Table B.1 shows that, during 2004, a total of 2,595 Chancery writs and
originating summonses were issued, an increase of 558 on the 2003 figure of
2,037. Mortgage suits continue to account for the majority (85%) of writs and
originating summonses issued. This number has increased by 29% during
2004, with 2,198 issued, compared to 1,710 in 2003.

Table B.1 New business entered by relief claimed from 2000-2004

There were 2,434 disposals in 2004. Land and property accounted for the
majority of disposals with 2,055 orders being made in respect of mortgage
applications (Table B.2).

Table B.2 Disposals by judge type in 2004

There were 34 writ actions set down for hearing in 2004. Including the 18
cases carried over from the end of 2003, the total caseload for the year was
52. Of these, 69 cases were disposed of, an increase of 16 cases on 2003.

Table B.3 Actions commenced by writ of summons from 2000-2004

2.1.2 Bankruptcy Matters

Bankruptcy proceedings issued increased by 362, from 2,085 in 2003 to 2,447
in 2004. These comprised of 1,291 bankruptcy petitions (80% of which were
creditor petitions) and 30 insolvent partnership petitions. Other bankruptcy
proceedings included 157 originating and interlocutory applications, 54
applications to set aside statutory demands and 196 applications for interim
orders (Table B.4).

Table B.4 Bankruptcy proceedings new business from 2000-2004

The Master dealt with a total of 2,586 bankruptcy proceedings, a 30%
increase on the 2003 total of 1,995. The main work area was dealing with
bankruptcy petitions; a total of 1,649 including insolvent partnership petitions.
There were 45% of the ordinary bankruptcy petitions dismissed or withdrawn
(Table B.5).

Table B.5 Bankruptcy proceedings disposals from 2000-2004

2.1.3 Companies court proceedings

Table B.6 and B.7 show the companies proceeding entered and disposed
from 2000-2004. Compared with 2003, companies’ proceedings entered
increased by 2%, from 260 to 265. The volume of disposals increased by 32
(13%) from 256 in 2003 to 288 in 2004.

Table B.6 Companies proceedings – New business from 2000-2004

Table B.7 Companies proceedings – Disposals from 2000-2004

2.2 Queen’s Bench Division

2.2.1 Writs and Default Judgments

During 2004, 5,405 writs and originating summonses were issued, a 14%
decrease on the 2003 level (Table B.8).

Table B.8 Writs and originating summonses issued from 2000-2004

The number of default judgments issued decreased from 1,056 in 2003 to 927
in 2004, a decrease of 12%. In total, 19% of judgments were issued for
unliquidated amounts, 75% of the liquidated judgments were for amounts less
than £15,000, i.e. within the jurisdictional limits for the County Court.

Table B.9 Judgments by default from 2000-2004

There were 1,987 Queens Bench writs (excluding commercial actions) set
down for trial during 2004, an 8% decrease on the 2,157 set down in 2003.
The number of Queen’s Bench writ actions disposed of increased by 36%
from 1,945 in 2003 to 2,653. The number of writs outstanding has decreased
to 1,819 at the end of 2004 (Table B.10).

Table B.10 Cases set down and disposed of – General list in 2004

There were 1,420 (58%) writs dealt with in court. Only 2% of court cases were
disposed of after trial and 42% of disposals were dealt with as office
disposals. Actions set down as negligence/breach of statutory duty/nuisance
constituted 37% of writs disposed of in court (Table B.11).

Table B.11 Cases disposed of – General list – Method of disposal in 2004

Of the 1,420 writs disposed of in court, 68% resulted in judgments for the
plaintiff and 23% were terms endorsed on counsel’s brief (Table B.12).

Table B.12 Cases disposed of – General List – Result of Court disposal in 2004

Actions taken by individuals (excluding minors) accounted for 76% of the writs
set down and disposed of. Just under half of writ actions (47%) were taken
against corporations/firms or Government/public bodies (Table B.13).

Table B.13 Cases disposed of – General List – Types of plaintiff and respondent 1st Jan -4th July 2004

Cases disposed of – General List – Types of plaintiff and respondant 5th July – 31st Dec 2004

In total, 60% of writs settled in court were for a known amount and 31% of the
writs settled in court for a known amount were for amounts of less than
£15,000, i.e. an amount within the jurisdictional limits of the County Courts
(Table B.14).

Table B.14 Cases disposed of – General list – Final value in 2004

Delay to Disposal/Start of Trial

In 2004, the average length of time between the issue of a writ to trial or
disposal of cases was 33 weeks compared with 31 weeks in 2003 (Table
B.15).

Table B.15 Cases disposed of – General list – Time intervals in 2004

2.2.2 Commercial actions

During 2004, 53 actions were entered in the commercial list, a 60% decrease
on the 131 entered during 2003. In total, 74 cases were disposed of, leaving a
total of 142 cases pending at the end of the year. This compares with 163 at
the end of 2003 (Table B.16).

Table B.16 Cases set down and disposed of – Commercial list in 2004

2.2.3 Masters and County Court appeals

There were 309 County Court and Criminal Injury appeals set down in 2004 a
decrease of 17% on the 2003 figure of 372; court disposals decreased by 2%
from 262 in 2003 to 256 in 2004 (Table B.17).

Table B.17 Cases set down and disposed of - county court and criminal injury appeals from 2000-2004

[1] Outstanding recalculated after move to ICOS

Appeals from Masters set down decreased from 131 in 2003 to 99, a
decrease of 24%. Disposals decreased by 17% from 125 in 2003 to 104 in
2004 (Table B.18).

Table B.18 Cases set down and disposed of – Master’s appeals from 2000-2004

2.2.4 Sundry Proceedings

The total number of orders dealt with by Masters excluding adjournments and
orders granted for costs was 3,336 (Table B.19).

Table B.19 Sundry Queens Bench proceedings in 1st Jan -4th July 2004

Table B.20 Number of Applications Received and Disposed of 5th July 2004 – 31st December 2004

2.2.5 High Court Bails

Tables B.21 and B.22, show the bail applications in 2004. The number of
applications for bail to the High Court increased by 8%, from 2,783 in 2003 to
3,005 in 2004. In total, 46% of the applications were granted in 2004 the same
as in 2003.

Table B.21 Type of bail applications in High Court from 2000-2004

Table B.22 Outcome of bail applications from 2000-2004

2.2.6 Judicial reviews

Table B.23 is in relation to judicial reviews. Out of a total of 253 applications,
111 or 44% were granted leave to apply for judicial review.

Table B.23 Judicial Reviews in the High Court from 2000-2004

[1] Cases where leave is granted to apply for Judicial Review have not necessarily been disposed of

Table B.24 Registrations under the foreign judgments from 5th July 2004 – 31st December 2004

2.2.7 Days sat in Queen’s Bench

By majority type of work, a total of 445 judge days were spent on Queen’s
Bench business during 2004. This compares with 417 days in 2003 (Table B.42).

2.3 Family Division

2.3.1 Matrimonial

The number of divorce petitions filed fell by 13%, from 3,231 during 2003 to 2,808 in 2004 (Table B.25).

Table B.25 Divorce – Petitions filed in 2004

There was a decrease in the number of divorce cases disposed of in the
judges’ lists in the High Court (from 1,445 in 2003 to 1,297 in 2004). Of the
1,297 cases disposed of during 2004, 94% were undefended actions (Table
B.26).

Table B.26 Divorce – Cases in judges lists in 2004

[1] Excludes petitions discontinued before setting down and petitions dismissed by Master.

Tables B.27 and B.28 show the proportion of Decrees Nisi and number of
decrees granted in 2004. There were 1,263 decree nisi’s granted in the High
Court during 2004, a decrease of 5% on the 1,329 granted during 2003. The
proportion of all divorce petitions processed to decree nisi in the High Court
decreased by 3% to 47% in 2004 (see also County Courts section). The most
common ground for dissolution continued to be separation (2 years and
consent) accounting for 41% of all cases.

Table B.27 Proportion of Decrees Nisi granted in High Court from 2000-2004

Table B.28 Divorce – Number of decrees granted by type of decree and facts proved in 2004

Table B.29 shows the number of matrimonial appeals in 2004.

Table B.29 Divorce – Matrimonial appeals in 2004

The number of Masters miscellaneous proceedings relating to children has
risen sharply over the past five years from 195 in 2000 to 498 in 2004 (Table
B.30)

Table B.30 Miscellaneous proceedings under jurisdiction from 2000-2004

2.3.2 Probate: Non-Contentious Probate

The number of grants of probate issued during 2004 decreased by 8% from
6,273 in 2003 to 5,742. The Principal Registry accounted for 82% of all grants
issued in 2004 (82% in 2003). As in previous years, the vast majority of
applications were made by solicitors (94%) (Table B.31).

Table B.31 Probate grants: Non-contentious proceedings in 2004

2.3.3 Probate: Contentious Probate

During 2004, there were 152 lodgments for contentious probate proceedings,
the same as in 2004. Judges dealt with 51% of contentious probate business,
the remainder being dealt with by the Master. The number of non-contentious
orders issued by Masters increased from 50 in 2003 to 77 during 2004 (Table
B.32).

Table B.32 Probate grants from 2000-2004

2.3.4 Care and Protection

There were 754 patients were referred to the Care and Protection Office in 2004 for
investigation under the Mental Health Order, representing an 3% increase on the
2003 total of 730 patients. There were 203 interviews with applicants and controllers
compared with 119 during 2003. The total live caseload for 2004 was 1,218 (Table
B.33).

Table B.33 Office of Care and Protection – Mental Health proceedings from 2000-2004

Tables B.34 to B.39 show the workload in the Office of Care and Protection
and the Solicitors Office in 2004. There were 135 adoption applications made
during 2004 compared with 160 during 2003 and 148 adoption orders were
made.

Table B.34 Office of Care and Protection – Adoption from 2000-2004

Table B.35 Office of Care and Protection – Wardship from 2000-2004

Table B.36 Office of Care and Protection – Abductions from 2000-2004

Table B.37 Office of Care and Protection – Freeing applications from 2000-2004

Table B.38 Official Solicitor’s Office – Patients caseload from 2000-2004

Table B.39 Official Solicitor’s Office – Minors caseload from 2004

2.4 Taxation of Costs

Table B.40 shows the taxation of costs in 2004.

Table B.40 Taxation of Costs in 2004

2.5 Days sat by judges and court sittings

High Court Judges sat on a total of 2,016 days, a 7% increase on the 1,881
days sat during 2003. By majority type of work, High Court Judges sat for a
total of 445 days hearing Queens Bench business or 22% of all days sat and
449 in the Crown Court, 22% of all days sat; the respective percentages for
2003 were 22% and 23% (Table B.41 and B.42).

Table B.41 High Court Judges sitting days: Majority business from 2000-2004

[1] Figures in this table will not correspond with figures shown in the Crown Court section due to the definition used.
Days are classified on the basis of the majority business undertaken.

Table B.42 Court of Appeal and High Court business sitting times from 2000-2004

[1] Records are organised on the basis of periods of work undertaken and cannot be aggregated to full
sittings.1999 figures have been partially estimated due to missing data. Excludes time spent by High
Court Judges in the Crown Court and business dealt with in Chambers. More than one High Court
Judge may sit in some business areas. This table reflects court sittings and not total judicial time.

3 General Notes

3.1 Table B.5

Bankruptcy petitions: A petition to have an individual made bankrupt may be
brought by the individual himself (debtors petition) or by any person to whom
he is in debt (creditors petition) or where he is a solicitor, by the Law Society.

Insolvent estates petitions: Where a person who was insolvent has died, a
petition may be presented to have his estate administered in bankruptcy. The
petition may be presented by the deceased’s personal representatives or by
his creditors.

Insolvent partnership petitions: A petition may be presented for the winding up
of a partnership as if it were an unregistered company. A petition may also be
presented for the winding up of any corporate member of the partnership or
for the bankruptcy of any individual member.

Application to set aside statutory demand: Where a debt is immediately due,
the creditor may serve on the debtor a statutory demand for payment. If the
debtor fails to comply this may be taken as evidence of his inability to pay the
debt and the creditor may petition for his bankruptcy. If the debtor has a
defence to the statutory demand he should apply to the court to have it set
aside.

3.2 Table B.10

Order 14: The procedure by which a plaintiff may obtain a judgment in his
favour if, on an application to the court, the court accepts that the defendant
has no answer or defence to the plaintiff’s claim.

Order 37: The procedure by which the amount of damages is assessed after
judgment is given against a defendant other than at a full hearing. For
example, where a defendant has no answer or defence to the plaintiff’s case
(Order 14).

3.3 Table B.15

Cases involving companies only can be heard by the Commercial Judge.

3.4 Table B.18

County Court and Criminal Injury Appeals: Appeals may be withdrawn before
hearing, struck out by Order of the Court or settled by the parties involved on
the day set down for trial. If the case proceeds to trial, the appeal is dismissed
if the judgment of the County Court is upheld or allowed if the judgment of the
County Court is not upheld

3.5 Table B.19

Interlocutory proceedings: (See also interlocutory appeal in Appeals section).
A matter which requires to be resolved in the course of proceedings which will
not finally determine the action but is necessary for a suitable adjudication of
the action on the merits (e.g. an application for discovery of documents).

Ex-Parte: An application by one side only, without notice of the hearing to the
other parties involved.

Master’s Orders: Orders made by a Master as distinct from orders made by a
Judge.

3.6 Table B.21

Ordinary: An application for bail.

Variation: An application to vary the terms of bail where bail has already been granted.
Compassionate: Application for short-term bail on compassionate grounds for
example to visit a sick relative or attend a funeral.

Revocation: Application to rescind bail already granted, for example because
of further offence committed, breach of condition of bail etc.

Surety: A surety is a person who has “guaranteed” to the court that another
person will turn up for his remand or trial and that he/she (the surety) will pay
a sum fixed by the court if the person admitted to bail fails to do so. If the
surety becomes uncertain about the likelihood of the person on bail turning up
for his/her trial or remands he may apply to the court to be discharged; these
applications are recorded under this heading.

3.8 Tables B.22

Judicial reviews: Judicial review is a statutory remedy which is provided for by
section 18 of The Judicature (Northern Ireland) Act 1978 (1978 C.23). A
judicial review is a procedure by which someone can challenge, in the High
Court, the decisions or actions of central or local government, a public body,
the Magistrates’ Court, the County Court and certain tribunals. Judicial review
is only available if there is no other legal remedy. The High Court on judicially
reviewing a decision may grant one of the following types of relief:

1. “certiorari”, an order that a decision be quashed;
   
2. “prohibition”, an order that a body decline to deal with a matter;
   
3. “mandamus”, an order to compel the performance of some public duty;
   
4. a “declaration”, an order clarifying someone’s legal position.

3.9 Table B.24

Registrations under The Civil Jurisdiction and Judgments Act (1982) (1982
C.27) as amended: Judgments made in other jurisdictions can be registered in
Northern Ireland for enforcement.

3.10 Tables B.26-B.27

Undefended divorce: Proceedings in which a married person applies to
(“petitions”) the court for a divorce and the other party (“respondent”) either
consents to the divorce or indicates that he/she does not intend to contest the
petition.

Defended divorce: Proceedings in which the petitioner applies for a divorce
and the respondent indicates that he/she wishes to contest the divorce.

Nullity: A Decree of Nullity of Marriage is granted where the petitioner proves
that the marriage is either void or voidable. A void marriage is one which
should never have been celebrated (by reason of the relationship or
incapacity of the parties) and which therefore never had legal status. A
voidable marriage is one where there is a legal marriage but it may be nullified
subsequently by order of the court.

Dissolution: Where the parties have been married for a period of 2 years and
can prove one of the facts mentioned in Article 3(2) of The Matrimonial
Causes (Northern Ireland) Order 1978 [S.I. 1978/1045 (N.I. 15)], the court
may dissolve the marriage by granting a Decree Nisi and subsequently a
Decree Absolute.

Judicial separation: The formal separation of a husband and wife by decree of
the court. The parties to the marriage must have been married for a period of
two years and must be able to prove one of the facts mentioned in Article 3(2)
of The Matrimonial Causes (Northern Ireland) Order 1978 [S.I.1978/1045 (N.I.
15)]. A final decree of judicial separation suspends the effects of the marriage
in relation to the cohabitation of the parties but it does not dissolve the
marriage.

3.11 Table B.29

Ancillary Relief: Upon granting a decree of divorce, nullity or judicial
separation the court has power to make an order requiring either party to the
marriage to make financial provision for the other party and/or any children of
the marriage in accordance with such terms as may be specified in the order.

Decree Rescinded: Where the parties are reconciled after the grant of a
decree nisi but before the decree is made absolute either party may apply to
the court for an order rescinding the decree nisi by consent. The Crown
Solicitor and/or any other person not being a party to the cause, may also
apply to rescind a decree nisi.

3.12 Table B.30

Grant of probate: A legal document recognising the validity of a will, given to
an executor or executors.

Grant of letters of administration with will annexed: A legal document
recognising the validity of a will but appointing an administrator because of the
failure of the executor/executors named in the will to qualify.

Grant of letters of administration: A legal document giving the appropriate
person or persons (not exceeding four) the authority to administer the estate
of a deceased who has died without having made a will.

Grant of letters of administration with will annexed - De Bonis Non (DBN): A
further grant issued because the person who took out the previous grant (of
Letters of Administration with Will Annexed) has died or has become
incapable of managing his own affairs, without having completed the
administration of the estate. The original grant is cancelled upon the issue of
the new one.

Grant of letters of administration - De Bonis Non (DBN): A further grant issued
because the person who took out the previous grant (of Letters of
Administration) has died or has become incapable of managing his own
affairs, without having completed the administration of the estate. The original
grant is cancelled upon the issue of the new one.

Unadministered probate: Where a grant of probate is taken out by one
executor, who subsequently dies without completing the administration of the
estate, and a second executor, who had reserved the right to apply for a
grant, does so.

3.13 Table B.32

Caveat: A notice given to the Probate and Matrimonial Office by a person
(afterwards referred to as a caveator), who has or claims to have an interest in
the estate of a deceased person, to prevent the issuing of a grant without
notice to him.

Warning to a caveat: A notice served upon the Probate and Matrimonial Office
by any person having an interest in the estate of a deceased in respect of
which a caveat has been entered.

The notice has to state the interest of the person issuing the warning and it
requires the caveator to give particulars of any contrary interest. A copy of the
warning is then served upon the caveator.

Appearance to a warning: If a caveator has an interest contrary to the person
who has warned the caveat, he may enter an appearance within 8 days of the
service of the warning upon him. The appearance is lodged in the Probate
and Matrimonial Office and then the caveator serves a copy of it on the
person who warned the caveat. The caveat remains in force until the Probate
action is concluded.

Probate writs: A Probate Writ is lodged in an action where there is a dispute
regarding a will or wills of the deceased. This action, called a contentious
probate action, will be listed for hearing before a judge, when all the
necessary papers have been lodged.

Unproved wills: Unproved wills are wills which are lodged for safekeeping
(upon the payment of a small fee), by people who do not wish to keep them at
home or in a bank or solicitor’s office.

Orders under Article 5 of The Administration of Estates (Northern Ireland)
Order 1979 [S.I.1979/1575 (N.I. 14)]: Under this provision the court has a
discretionary power to appoint an administrator where a person has died, and
by reason of any of the circumstances, it appears to the court necessary or
expedient to do so.

3.14 Table B.33

Short Procedure Orders: The Court may make an order directing an officer of
the Court or other suitable person to deal with the patient’s property or affairs
(in any matter authorised by the order), where the patient’s property does not
exceed £5,000 in value and/or the Court has adjudged that it is not necessary
to appoint a controller for the patient.

3.15 Table B.34

Taxation: The process of examining, and if necessary varying, a solicitors bill
of costs, which is carried out by the Master (Taxing Office).

Solicitor’s Order: Under the Solicitors (Northern Ireland) Order 1976
[S.I.1976/582 (N.I.12)] as amended, in certain circumstances either the
solicitor or the client can apply to the Master for the bill to be taxed.

Accountant’s fees: In a bankruptcy matter, if the Master (Bankruptcy) has
directed that a firm of accountants be employed to prepare accounts in the
case, the firm’s bill may be taxed. Liquidator’s fees: Where the Court has
appointed a liquidator, the liquidator’s bill may also be taxed.

Part C Crown Court

The Crown Court deals with all cases committed for trial by magistrates’
courts, cases for trial are usually heard before a judge and jury.

Key facts during 2004

• 1,414 Crown Court cases were received
  
• 1,313 Crown Court cases were disposed of
  
• 590 Crown Court cases were pending at the end of 2004
  
• 73% of defendants disposed of in 2004 were on bail at arraignment
  
• The average time from committal to first hearing was 15 weeks

Figure C.1 Number of cases and miscellaneous applications received in the Crown Court from 2000-2004

1 Introduction

The Crown Court has exclusive jurisdiction to try offences charged on
indictment. Offences tried on indictment are the more serious offences. Some
offences will always be tried summarily (i.e. by the magistrates’ courts). Some
will always be tried on indictment and others may be tried either summarily or
on indictment.

The Lord Chief Justice is President of the Crown Court. The Lords Justices of
Appeal, High Court judges and county court judges all sit in the Crown Court
from time to time, although directions of the Lord Chancellor restrict the
hearing of the most serious offences to the more senior judges.

The Crown Court sits in seven divisions within Northern Ireland. Before a
case is heard in the Crown Court, the defendant will normally have been
committed for trial by a magistrates’ court (see Part E). In certain cases, e.g.
serious fraud offences, the committal proceedings are not always necessary.
Proceedings in the Crown Court are heard by a single judge and all trials,
other than those involving offences listed in schedule nine of the Terrorism Act
2000 (called “scheduled offences”) are tried by a judge and jury.

The function of the jury is to determine the guilt or innocence of the accused.
The judge determines the appropriate sentence. A trial on indictment of a
scheduled offence (which is basically a terrorist offence) is heard by a single
judge sitting without a jury, normally at Belfast Crown Court. In such cases,
the judge determines both the verdict and sentence, although the judge must
set out in a written statement the reasons for the conviction.

All appeals from the Crown Court are heard by the Court of Appeal. A
defendant in a non-scheduled case may appeal against conviction on a point
of fact, on a point of law or on any other ground. The right of appeal is, in
certain cases, subject to obtaining the leave of the court first. In addition to an
appeal against conviction, a defendant may also appeal against sentence
unless it is one fixed by law, and the leave of the court is always required for
an appeal against sentence. A defendant in a scheduled case has an
absolute right of appeal (that is, without leave) against conviction and
sentence (unless the sentence is fixed by law).

The practice and procedure of the Crown Court is set out more fully in The
Crown Court Rules (Northern Ireland) 1979 [SR 1979 No.90] as amended.
Procedural rules governing criminal appeals to the Court of Appeal can be
found in The Criminal Appeal (Northern Ireland) Rules 1968 [S.R.1968
No.218], as amended.

2 Commentary

2.1 Cases and miscellaneous applications received, dealt with and outstanding

Tables C.1 and C.2 show the number of cases and miscellaneous application
received and disposed of in 2004. The number of cases and miscellaneous
applications received in 2004 was 1,524, representing a 19% increase on the
1,280 received during 2003. Belfast accounted for 41% of all case receipts in
2004. At the beginning of 2004, 524 cases were outstanding. When combined
with the 1,524 cases received during 2004, this resulted in a total of 2,048
cases to be heard. The total number of disposals increased from 1,183 in
2003 to 1,413 in 2004. The disposal rate was 69% in 2004 the same as in
2003.

Table C.1 Cases for trial and miscellaneous applications in the Crown Court in 2004

Table C.2 Cases for trial in the Crown Court in 2004

Overall, 1,570 defendants were disposed of during 2004 (Figure C.2). This is
a 21% increase on the number of defendants disposed of in 2003.

Figure C.2 – Number of defendants disposed of in the Crown Court from 2000-2004

2.2 Waiting times between committal and arraignment

The average waiting time from committal to arraignment was 7 weeks for
defendants disposed of in 2004 and 73% of all defendants were on bail when
they were arraigned (Table C.3).

Table C.3 Committal to arraignment waiting time for defendants dealt with in 2004

[1] Waiting times do NOT exclude recess.

2.3 Waiting times between arraignment and start of hearing

The average waiting time between arraignment and first hearing was 8 weeks (Table C.4).

Table C.4 Arraignment to start of hearing waiting time for defendants dealt with in 2004

[1] Waiting times do NOT exclude recess
[2] Includes one defendant whose case lasted over two years

2.4 Waiting time between committal and start of hearing

Table C.5 shows the waiting time in weeks from committal to first hearing for
defendants disposed of in 2004. The overall average waiting times between
committal and start of hearing has remained at 15 weeks, the same as 2003.
Compared with 2003, the average waiting time increased by 1 week for
defendants who were on bail or who were heard outside Belfast. Since 2003,
waiting times have increased by 6 weeks for those defendants heard before a
High Court Judge, and decreased by 1 week for those in custody.

Table C.5 Average time in weeks from committal to first hearing for defendants disposed of from 2000-2004

2.5 Defendants disposed of during 2004

There were a total of 1,570 defendants disposed of during 2004. In total, 61%
of these defendants had a plea of guilty on all charges, 15% had a plea of not
guilty on all charges and <1% of defendants were found unfit to plead on all
charges (Table C.6).

Table C.6 Total number of defendants disposed of during 2004

2.6 Days Sat by Judges

Table C.7 shows the number of days sat by High Court and county court
judges where the majority business was Crown Court work. The number of
majority days spent on criminal work by High Court judges increased by 17
days from 432 in 2003 to 449 days in 2004; county court judges’ days
increased by 169 days from 1,230 in 2003 to 1,399 in 2004. Compared with
2003, the proportion of days sat in 2004 on Crown Court business by county
court judges increased from 50% to 52%.

Table C.7 Days sat by Judges at Crown Court (majority business) from 2000-2004

Table C.8 demonstrates the breakdown of sitting days by High Court and county court judges.

Table C.8 Days sat by High Court and County Court Judges at Crown Court in 2004

2004. The 1,011 sittings at Belfast represent a 9% increase on the 927 sittings
in 2003 and accounted for 45% of the total sittings for all Northern Ireland.

The number of sittings in courts outside Belfast increased from 1,152 in 2003
to 1,254 in 2004. Average sitting times have increased from 2 hours and 11
minutes in 2003 to 2 hours and 26 minutes in 2004 (Table C.9). This average
includes minor sittings where a single arraignment or miscellaneous
application is heard.

Table C.9 Court sittings and average sitting times in 2004

Note: The increased practice of ad hoc arraignments where a short sitting time is
recorded has the effect of decreasing the overall average sitting time.

3 General Notes

Remand: In adjourning a case the court will require the defendant to appear
again on the next date fixed. This requirement to appear is referred to as a
remand, and may be either on bail or in custody.

Committal: The procedure by which a person is returned for trial to the Crown
Court by the magistrates’ court

Arraignment: The procedure by which the defendant has the charges formally
put to him before the judge at the Crown Court and he enters his plea of guilty
or not guilty.

Plea: The defendant’s admission of guilt or denial of guilt (i.e.“guilty” or “not
guilty”) in response to the charges put to the defendant at arraignment.

Part D County Court

County Courts deal with civil matters including all monetary claims up to
£15,000. In Northern Ireland, there are seven County Court Divisions.
However, the court may sit in more than one venue within the Division.

Key facts during 2004

• 996 appellants were dealt with
  
• 1,181 criminal injury appeals were lodged
  
• 8,140 ordinary civil bills were lodged
  
• 12,050 ordinary civil bills were disposed of
  
• 12,628 small claims were lodged
  
• 10,586 small claims were disposed of
  
• 1,434 divorces were dealt with

Figure D.1 Number of ordinary civil bills dealt with by value of award in 2004

1 Introduction

On 31 December 2004, there were 17 County Court Judges (excluding the
Chief Social Security Commissioner) and four District Judges in post. The
County Court Judges will also sit in the Crown Court to hear criminal cases
but District Judges deal exclusively with civil business. A number of deputy
County Court Judges and Deputy District Judges have been appointed to sit
on an ad hoc basis to conduct County Court business.

1.1 Criminal Business

The County Court’s criminal jurisdiction is limited to hearing appeals from the
Magistrates’ Courts against conviction or sentence.

1.2 Civil Business

Ordinary civil cases (e.g. contract or tort actions) 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 (e.g. matters concerning wills).

In disputes relating to ownership of land, the County Court has jurisdiction to
hear cases where the annual rateable value of the land does not exceed
£4,060 (in the case of land that is wholly or partly uninhabited) as well as
cases where the value does not exceed £500 (land consisting solely of
dwelling houses). If the value of the case or land is above these limits, the
case will be commenced in the High Court.

County Court Judges will normally determine contested civil cases above
£5,000. District Judges hear uncontested matters up to £15,000 and
contested cases up to a value of £5,000.

District Judges deal with small claims business which is primarily designed to
resolve simple consumer disputes, the maximum amount claimable under this
legislation is currently £2,000.

Small Claims Courts are informal and do not adhere strictly to the rules of
evidence and county court procedure. Parties are encouraged to handle
small claims by themselves rather than being legally represented, and legal
aid is not available for such cases.

The County Court also has jurisdiction to hear applications for adoptions,
undefended divorces and proceedings for libel or slander. The County Court
has 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 court.

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. All these matters will be dealt with by County Court Judges.

Civil proceedings in the County Courts will normally be commenced by civil
bill, although certain cases are required to be commenced either by notice, by
issue of a summons or by issue of a petition.

As in the High Court, certain issues may arise between the parties during the
course of proceedings that require a reference to the court. Such interlocutory
applications will be dealt with by either the County Court Judges or in some
instances, the District Judges.

Juries are not used in the County Court.

Cases may be disposed of as in the High Court and it is possible for the
plaintiff to obtain a default judgment in respect of certain claims where the
defendant does not dispute liability.

The principal legislative provisions affecting the county court can be found in
the County Courts (Northern Ireland) Order 1980 [S.I.1980/397 (N.I.3)] as
amended and in the County Court Rules (Northern Ireland) 1981 [S.R. 1981
No.225], as amended.

2 Commentary

2.1 Appeals from Magistrates’ Courts

Table D.1 shows the number of persons whose appeals were heard in the
county court in 2004. There were 996 appellants in 2004. Belfast accounted
for most appellants (22%) while Armagh accounted for fewest appellants
(8%).

Table D.1 Number of appellants from the Magistrates’ Courts dealt with from 2000-2004

Excludes appellants whose appeals were withdrawn or abandoned
It is commonly the case that an individual appellant, having been convicted
and sentenced on a number of charges as one case, will lodge appeals
against some or all of these disposals. There were a total of 2,684 appeals
lodged during 2004. Case receipts were unequally distributed among the
divisions with Belfast division alone accounting for 18% of the total appeals
lodged. Table D.2 shows that 2,697 appeals (including those withdrawn/
abandoned) were disposed of in County Court during 2004.

Table D.2 Number of appeals from the Magistrates’ Courts in 2004

[1] Figure adjusted after manual count.

A total of 736 appeals were outstanding at the end of 2004 compared with
740 at the end of 2003 (Figure D.2).

Figure D.2 Number of appeals outstanding in the County Court from 2000-2004

2.2 Results of appeals

Out of the total of 2,651 disposals during 2004, 99% were heard in court and
1% were either abandoned before they appeared in court or withdrawn in
court. There was an average of 2.7 appeals per appellant.

As in previous years the vast majority of appeals (97%) dealt with in court
were criminal cases. Only 3% were civil cases. Of the criminal appeals, 77%
were against sentence only and 23 % were against conviction.

Tables D.3 to D.5 show the result of appeals for conviction and sentence,
sentence only and civil appeals. Excluding withdrawn cases, appeals against
conviction led to reversals of conviction or variation of sentence in 68% of
cases. Appeals against sentence only were allowed in 61% of cases. Civil
appeals were allowed in 71% of cases.

Table D.3 Appeals from the Magistrates’ Courts - Number of appeals against conviction and
sentence in 2004

Table D.4 Appeals from the Magistrates’ Courts - Number of appeals against sentence only in 2004

Table D.5 Appeals from the Magistrates’ Courts – Number of civil appeals in 2004

2.3 Criminal Injury Cases

The 1,181 criminal injury cases received during 2004 represents a 57%
decrease on the 2,722 cases received during 2003. Case receipts in Belfast
accounted for 50% of all receipts. Criminal injury disposals decreased from
3,151 in 2003 to 3,113 in 2004.

The total number of cases outstanding at the end of 2004 was 2,785, a
decrease of 41% on the 4,686 outstanding at the end of 2003.

Table D.6 Number of Criminal Injury cases in 2004

2.4 Civil Bills

The number of new entries in 2004 was 8,140, 29% less than 2003. The
number of cases disposed decreased by <1%, with 12,050 cases disposed of
in 2004 compared to 12,149 in 2003 (Table D.7).

Table D.7 Number of ordinary civil bills entered and dealt with from 2003-2004

County Court Judges and deputy County Court Judges (CCJ & DCCJ) dealt
with fewer disposals in 2004 (5,219 ) than in 2003 (6,433). District Judges and
deputy District Judges (DJ & DDJ) dealt with fewer cases in court in 2004 than
they did in 2003 (2,482 and 2,544 cases respectively). A total of 3,760 cases
dealt with were recorded as non-court disposals in 2004, compared with the
2003 total of 2,743 (Table D.8).

Table D.8 Number of civil bills dealt with by disposal type in 2004

2.5 Civil Bills dealt with

Table D.9 shows that a total of 7,687 ordinary civil bills were dealt with in court
during 2004. This represents an 18% decrease on the 9,338 cases dealt with
during 2003. Belfast dealt with 36% of ordinary civil bills.

Table D.9 Number of ordinary civil bills dealt with by value of award in 2004

[1] Excludes non-court disposals, cases adjourned generally and withdrawn cases.

2.6 Default Judgments

The total number of default judgment receipts during 2004 was 2,362, a
decrease of 37% (3,760) from those received in 2003 (Table D.10).

Table D.10 Number of default judgments lodged in 2004

2.7 Small Claims

Table D.11 shows that the number of small claims entered increased from
10,261 cases in 2003 to 12,628 in 2004. Disposals also increased from
10,194 in 2003 to 10,586 in 2004.

Table D.11 Number of small claims entered and dealt with in 2004

2.8 Undefended Divorce Cases

There were 1,434 decree nisi’s granted in undefended divorce cases in the
County Court in 2004 (Table D.12).

Table D.12 Number of undefended divorce cases disposed of in County Courts in 2004

The percentage of divorce petitions processed to decree nisi stage in the
County Court, as opposed to the High Court, was 53%, 3 percentage points
more than in 2003. The 2,697 decrees nisi granted across both court tiers in
2004 represents a 2% increase in business on the 2003 figure of 2,651.
(Table D.13).

Table D.13 Number of Decrees Nisi granted from 1999-2003

[1] Includes 8 double decrees.

Of the cases dealt with in the County Court, the most common grounds for
dissolution in 2004 was separation (2 years and consent) in 52% of cases
(Figure D.3). In a further 29% of cases, the grounds for divorce were
separation of 5 years.

Figure D.3 Grounds for divorce cases disposed of in County Courts in 2004

The percentage of cases resolved in favour of the husband increased to 42%
(Figure D.4).

Figure D.4 Number of undefended divorce cases found for husband and wife from 2000-2004

Table D.14 Decree Absolutes granted in County Court 2004

2.9 Other civil cases

Other civil cases dealt with in the County Court include divorces, equity,
licensing, adoptions, minor payments out, ejectments and other applications.
The number of such cases received by the County Court in 2004 has
decreased from 10,993 in 2003 to 8,524 in 2004. The number of other Civil
cases disposed of by the County Court also decreased from 10,444 in 2003 to
8,760 in 2005. Belfast County Court dealt with 31% of other civil cases (Table
D.15).

Table D.15 Number of other civil cases in the County Court in 2004

Table D.15 provides details of disposals for each type of other business for
the previous four years. Compared with 2003, licensing disposals decreased
by <1%, divorces increased by 8% and minor payments decreased by 26%.

Table D.16 Number of other cases disposed of in the County Court from 2001-2004

Nb. Due to the introduction of a new computer system during the period the number of ejectments dealt
with have increased significantly. These now include Housing Executive cases.

2.10 Days sat by Judges and District Judges

Tables D.16 and D.17 demonstrate the days sat in County Courts in 2004.
The total number of days sat by Judges in the County Court during 2004 was
1,876, an increase of 194 days on the total of 1,682 days sat in 2003. The
number of days sat by County Court Judges increased from 1,235 in 2003 to
1,287 in 2004. The number of days sat by Deputy County Court Judges
increased from 447 in 2003 to 589 in 2004. The proportion of days sat by
deputies in 2004 was 31% of the total number of sitting days, compared to
27% in 2003. The number of days sat by District Judges sitting as Deputy
County Court Judges increased from 135 in 2003 to 209 in 2004.

Table D.17 County Court Judges’ days by type of judge from 2000-2004

[1] Any business at county court judge level recorded for day

Table D.18 Days sat by judges by majority County Court business from 2000-2004

[1] Includes District Judges sitting as deputy County Court Judge for any part of the day.
Includes days with majority Children Order business from 1997 onwards

As shown by Table D.19, 804 days were sat by District Judges and by Deputy
District Judges in 2004, a 5% decrease on the 849 days sat in 2003. This
includes 209 days where a District Judge sat as a Deputy County Court Judge
for part of the day. District Judge days fell to 485 days in 2004, while Deputy
District Judge days increased by 4 days from 106 days in 2003 to 110 days in
2004.

Table D.19 Days sat by District Judges and Deputy District Judges from 2000-2004

The total number of sittings which involved civil business (excluding Children
Order sittings) increased by 9% from 2,490 in 2003 to 2,712 in 2004. The
number of appeal sittings rose by 7% from 260 sittings in 2003 to 277 in 2004.

The average sitting time for civil business in 2004 was 2 hours and 44 minutes (2 hours and 42 minutes in 2003); for appeal business the average sitting time was 1 hour 56 minutes, a slight increase on 2003 (1 hour 54 minutes) (Table D.20).

Table D.20 Court sitting times and courtroom usage in 2004

[1] Excludes majority Children Order business

3 General Notes

Civil Bills: The originating document to commence most (though not all)
proceedings in the County Court is called a civil bill.

Ejectments: Ejectment civil bills are civil bills, which claim entitlement to
recover possession of land including dwelling houses (e.g. where a tenant has
stopped paying rent).

Cases Entered/New Entries: Cases entered are all those cases which are in
the county court system for hearing.

3.1 Table D.3

Sentence Affirmed: If the sentence imposed by a Magistrates’ Court is upheld
by the County Court on appeal, it is said to be affirmed.

Sentence Varied: If the sentence imposed by a Magistrates’ Court is changed
in any way by the County Court on appeal, it is said to be varied.

Reversed: If on an appeal against conviction by a Magistrates’ Court the
County Court dismisses the charges against the appellant, the conviction is
said to be reversed.

Upheld: If on an appeal against conviction by a Magistrates’ Court the County
Court also finds the defendant guilty of the offence for which he was
convicted, the conviction is said to be upheld.

3.2 Table D.11

Other Civil Cases: In addition to criminal injury cases (which include criminal
damage and emergency provisions compensation cases), equity, licensing,
adoption and divorce proceedings are listed for hearing on specified days.
Other civil cases which may be dealt with by the County Court include such

matters as appeals from decisions of various bodies, proceedings under The
Consumer Credit Act 1974 (1974 C.39), applications under The Married
Women’s Property Act 1882 and applications under The Mental Health
(Northern Ireland) Order 1986 [S.I.1986/595 (N.I.4)].

Interlocutory matters are also included under this heading.

Part E Magistrates Court

The magistrates’ courts are where criminal proceedings are commenced and
are either dealt or committed to the Crown Court for trial. It also has
jurisdiction in a range of civil matters.

Key facts during 2004

• 53,340 adult criminal defendants were dealt with
  
• 1,969 youth criminal defendants were dealt with
  
• 31,630 civil applicants were dealt with
  
• The average waiting time between 1st hearing and disposal for adult criminal cases was 6.6 weeks
  
• The average waiting time between 1st hearing and finding for youth criminal cases was 8.7 weeks
  
• 24,365 applications were made for criminal aid certificates
  
• 1,687 adult and 18 youth defendants were committed to the Crown Court

Figure E.1 Adult and youth defendants dealt with from 2000-2004

1 Introduction

There are twenty-one Petty Sessions Districts in Northern Ireland which are
spread throughout the seven county court divisions. A magistrates’ court
sitting in Petty Sessions (other than a Youth Court) is presided over by a
Resident Magistrate sitting alone. At present there are eighteen Resident
Magistrates and eighteen deputies.

1.1 Criminal business

Magistrates’ courts exercise two basic functions in respect of criminal
proceedings:

(1) The trial of summary offences or of indictable offences which may be tried
summarily. Ninety seven percent of criminal cases in Northern Ireland are
dealt with by the magistrates’ courts, the majority of cases are road traffic
offences.

(2) An examination of the case against an accused who is to be tried on
indictment in the Crown Court. The initial examination can take the form of a
preliminary enquiry (where the witnesses’ statements are served) or a
preliminary investigation (where witnesses appear to give their evidence orally
and on oath). These hearings are referred to as committal proceedings as the
purpose is to determine whether there is sufficient evidence against the
accused to warrant committing him for trial at the Crown Court.

1.2 Youth Courts

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).

A Youth is a child under the age of 17 as defined by the Criminal Justice
(Children)(Northern Ireland) Order 1998.

1.3 Civil business

The main types of civil business transacted by the magistrates’ court are
domestic proceedings, debts and ejectments, and licensing applications.

1.3.1 Domestic proceedings

Domestic cases will normally involve disputes between married couples, this
may include, for example, an application for a financial provision order, or an
application for a non-molestation and/or occupation order where one party has
used or threatened to use violence against the other.

1.3.2 Debt and ejectment jurisdiction

The jurisdiction of a magistrates’ court in relation to recovery of debt extends generally to debts of up to £100. Larger sums may be recovered in a magistrates’ court if a statute specifically provides that they may be recovered summarily. The magistrates’ courts also have power to order the ejectment of persons from the premises.

1.3.3 Licensing functions

The magistrates’ courts hear applications for the renewal of intoxicating liquor
licenses, or certificates of registration for clubs, and applications under The
Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985
[S.I.1985/1204 (N.I.11)].

The principal legislative provisions affecting the magistrates’ courts can be
found in the magistrates’ courts (Northern Ireland) Order 1981 [S.I.1981/1675
(N.I.26)] and in the magistrates’ courts Rules (Northern Ireland) 1984
[S.R.1984 No. 225], as amended.

2 Commentary

2.1 Adult criminal business

In 2004, a total of 51,947 defendants were entered with a total of 53,340
dealt with (Table E.1).

Table E.1 Adult criminal business defendants in 2004

It should be noted that the figures for adult criminal court, shown in Table E.2
is based on figures for all charges, not on defendants. Thus if one defendant
faces three separate charges and fines are imposed as a result of each
charge, this is recorded as three separate fines imposed. Similarly, if a fine
and a suspended prison sentence are imposed as a consequence of one
charge, both sentences are recorded.

Table E.2 shows that, in 2004, the number of charges brought was 111,872.
Belfast accounted for 34% of the total charges brought (38,014).

Table E.2 Charges brought in 2004

[1] Includes probationary driver

Of the 53,340 defendants disposed of in 2004, 36% had pleas of guilty for all
charges while 18% of defendants had all charges withdrawn (Table E.3).

Table E.3 Outcomes of charges in 2004

Of the 102,576 types of disposals in 2004, 49% were fines and 14% were
disqualifications from the driving (Table E.4)

Table E.4 Types of disposals from 2001-2004

The average waiting time for defendants disposed of in 2004 between the date of
summons to the date of first hearing for the whole of Northern Ireland in 2004
was 9 weeks. Banbridge and Belfast had the highest average time of 13 weeks
while Downpatrick had the lowest at 3 weeks. The waiting time between the date
of first hearing and disposal averaged 7 weeks for the whole of Northern Ireland.
Downpatrick had the longest average waiting time at 10 weeks while Larne,
Craigavon and Banbridge had the shortest at 5 weeks (Table E.5).

Table E.5 Average waiting times in 2004 [1]

[1] Figures based on adults disposed of in 2004 and excludes Bench Warrants, Adjourned Generally cases and
Deferred Sentences

2.2 Youth criminal business

Between 2003 and 2004, there was a 20% increase in defendants entered into
Youth Courts with 1,862 entered in 2004 compared to 1,554 entered in 2003 (Table
E.6).

Table E.6 Youth criminal business defendants in 2004