Northern Ireland Court Service Judicial Statistics 2009

Contents

A National Statistics Publication

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Introduction

1 Contents

The statistics in this report relate to the criminal, civil and family business conducted by the Northern Ireland Courts and Tribunals Service (NICTS) and to the work of some associated offices. This introduction sets out a brief description of the courts and the business that the statistics relate to.

2 The Court Structure

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 Lords Justices of Appeal. High Court Judges can sit in the Court of Appeal on criminal causes or matters. The Court of Appeal hears appeals in criminal matters from the Crown Court and civil matters from the High Court (including Judicial Reviews). 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 (who is the President of the High Court), and three Lords Justices of Appeal along with ten High Court Judges and two temporary 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 more serious offences. The Lord Chief Justice is President of the Crown Court and the Lords Justices of Appeal, High Court Judges and county court judges all sit in the Crown Court. The Crown Court sits throughout Northern Ireland.

The County Court: In Northern Ireland, there are seven county court divisions with seventeen 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. However, for claims concerning matrimonial property or compensation for criminal injuries or criminal damage to property, there is no financial limit. The county court also has jurisdiction to hear applications for adoptions and undefended divorces. Applications for intoxicating liquor licences 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.

The Magistrates’ Court: There are twenty-one petty sessions’ districts in Northern Ireland. A magistrates’ court (other than a youth court or family proceedings court) is presided over by a district judge (magistrates’ court) sitting alone. The present complement of district judges (magistrates’ court) is twenty-one. The magistrates’ court hears and determines less serious criminal cases, cases involving youth and some civil and domestic cases including family proceedings.

Coroners’ Court: The Coroners Service is headed by a High Court Judge. There is one Senior Coroner and three Coroners (one of which is a fixed term appointment). They deal with matters relating to deaths that may require further investigation to establish the cause of death.

Social Security Commissioners and Child Support Commissioners: Social Security Commissioners hear appeals from Appeal Tribunals in relation to matters arising under the social security system. Child Support Commissioners hear appeals from Child Support Appeal Tribunals.

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.

3 Databases

There are a number of databases that are used to carry out the analysis in this report. As these are current databases, the figures here are taken at a cut off point of the 7 June 2010.

In previous years, Judicial Statistics reported on and compared business in the courts between years. In 2005, a new court operations system called the Integrated Court Operations System (ICOS) was introduced in the High Court and county court. Regular downloads of information are available from this new system, and this has resulted in access to more detailed information across all court tiers. The High Court and county court sections have been completed based on ICOS and caution should be taken when comparing figures prior to 2005.

During 2006, ICOS was introduced in the Crown Court and criminal magistrates’ court and these sections have been completed from the information extracted from ICOS. Caution should be taken when comparing figures prior to 2006.

During 2007, the civil and family module of ICOS was completed. This affects the information in the civil and family magistrates’ court section and also in the Children Order section. For further advice on the differences between 2009 figures and previous years, please contact the NICTS.

The Court Structure in Northern Ireland

You can view a PDF document which details the Court Structure in Northern Ireland on the Northern Ireland Courts and Tribunals website using this link.

Part A Court of Appeal

The Court of Appeal is divided into civil and criminal. It hears appeals from decisions in the High Court and against convictions and sentences passed by the Crown Court and cases stated from other court tiers. It also hears appeals from tribunals and outside bodies.

Key facts during 2009

Figure A.1 Criminal appeals lodged and disposed of from 2005-2009
Year Number of Appeals Lodged Number of Appeals Disposed of
2005 53 87
2006 63 55
2007 47 51
2008 78 58
2009 84 65

Section 1: Criminal appeals

The number of criminal appeals lodged in 2009 increased from 78 in 2008 to 84 in 2009 (Table A.1).

Table A.1: Criminal appeals lodged and disposed of in 2009
Lodged Disposed of
84 65

There were 45 appeals lodged against sentence only, 11 were against conviction and 28 were against both conviction and sentence. Of the 84 appeals lodged during 2009, 8 resulted from trials dealing with scheduled offences (Table A.2).

Table A.2: Types of criminal appeal lodged in 2009
Appeal against Total
Sentence Conviction Conviction and sentence
Scheduled 7 - 1 8
Non-Scheduled 38 11 27 76
Total 45 11 28 84

There were 28 successful appeals in 2009 with 7 appeals refused, and 11 appeals abandoned or withdrawn (Table A.3).

Table A.3: Results of criminal appeals by type in 2009
Appeal pursuant to Article 17 of Criminal Justice (NI) Order 2004 Conviction only or conviction & sentence Sentence only
Scheduled Non-Scheduled Scheduled Non-Scheduled
Conviction Quashed - - 14 - -
Appeal Dismissed 1 - 3 3 12
Sentence Affirmed - - - - -
Sentence Varied - 1 - 3 10
Withdrawn/Abandoned - - 4 1 6
Refused - - 4 1 2
Total 1 1 25 8 30

Section 2: Civil appeals

There were 83 civil appeals set down in 2009, 13 less than the 2008 total of 96. As in previous years, the main source of civil appeals was the Queen’s Bench Division of the High Court with 51 cases set down. A total of 84 appeals were disposed of during the year (Table A.4).

Table A.4: Appeals set down and disposed of by origin and type in 2009
Set Down Disposed
Chancery Division: Final 8 8
Chancery Division: Interlocutory 2 2
Family Division: Final 3 3
Family Division: Interlocutory - -
Queen’s Bench Division:
Judicial Review: Final 27 24
Judicial Review: Interlocutory 5 4
Commercial: Final 1 -
Commercial: Interlocutory - -
Other: Final 15 7
Other: Damages - -
Other: Interlocutory 3 -
Magistrates’ court (Section 44 of Judicature Act) - -
Case Stated
Court of Appeal (Appeal or Case Stated) 1 14
Requisition to Judge to State a Case - 1
By Outside Body 6 6
By Lands Tribunal - -
By High Court Judge 8 11
By County Court Judge - 2
By District Judge 1 1
By District Judge (Magistrates’ Court) 2 1
Determination of pensions: Pension appeal - -
Immigration Tribunal - -
Motions on Notice 1 -
Proceeds of crime - -
Master (EJO) - -
Other - -
Total 83 84

Section 3: Court sitting times

The number of court sitting days spent on criminal appeals (by majority type of work) decreased from 62 days in 2008 to 53 days in 2009. A total of 106 hours were spent in court hearing criminal appeals in 2009 compared with 105 court hours in 2008. There were 114 court sitting days (by majority type of work) spent on civil appeals during 2009 compared with 89 in 2008. A total of 203 hours were spent in court hearing civil appeals in 2009 compared with 159 court hours during 2008 (Figure A.2 & Table B.40).

Figure A.2 Number of court sitting days (majority days) in the Court of Appeal from 2005-2009
Year Judge Sitting Days Criminal Judge Sitting Days Civil
2005 195 220
2006 158 140
2007 57 83
2008 62 89
2009 53 114

Part B High Court

The High Court is a civil court which consists of the Chancery Division, Queen’s Bench Division and the Family Division.

Key facts during 2009

Figure B1: Queen’s Bench writs and originating summons disposals in 2009
No of Writs and originating summons dealt with
Negligence 1528
Breach 71
Road Injuries 758
Personal Injuries 375
Monies Due 733
Other 370

Section 1: Chancery

Table B.1 shows that during 2009, a total of 4,567 Chancery writs and originating summonses were issued. Mortgage suits continue to account for the majority (86%) of writs and originating summonses issued. The number of mortgages received has increased by 8% during 2009 (3,630 in 2008 compared with 3,906 in 2009).

Table B.1: Chancery cases and applications received in 2009
Cases Mortgages 3906
Other land and property 148
Trade and business 28
Trusts 11
Other 474
Total 4567
Applications Notice of appointment 3697
Summons 950
Notice of motion 34
Exparte application 300
Injunction 25
Other 2
Total 5008

There were 3,928 cases and applications disposed of in 2009. Mortgages accounted for the majority of disposals with 2,666 cases disposed of (Table B.2).

Table B.2: Chancery cases and applications disposed of in 2009
High Court Judge Master Office disposal Total
Cases Mortgages 2 2657 7 2666
Other land and property 78 2 5 85
Trade and business 11 - 2 13
Trusts 4 1 - 5
Other 125 21 23 169
Total 220 2681 37 2938
Applications Notice of appointment 2 97 - 99
Summons 133 461 - 594
Notice of motion 17 1 1 19
Exparte application 19 252 - 271
Injunction 7 - - 7
Other - - - -
Total 178 811 1 990

Section 2: Bankruptcy

There were 3,412 bankruptcy proceedings issued in 2009. These included 1,928 bankruptcy petitions, 69% of which were creditor petitions (Petition by another person). Other bankruptcy proceedings included 276 originating applications and 1,043 ordinary applications (Table B.3).

Table B.3: Bankruptcy cases and applications received in 2009
Cases Petition by another person 1324
Petition by debtor 595
Other petition 9
Originating application 276
Other 114
Total 2318
Applications Notice of motion 6
Ordinary application 1043
Certificate of automatic discharge 25
Other 20
Total 1094

The Master dealt with a total of 2,952 bankruptcy proceedings. The main area of work disposed of by the Master was bankruptcy petitions, a total of 1,965 (Table B.4).

Table B.4: Bankruptcy cases and applications disposed of in 2009
High Court Judge Master Office disposal Total
Cases Petition by another person 2 1378 - 1380
Petition by debtor - 575 - 575
Other petition - 12 - 12
Originating application - 90 - 90
Other - 83 1 84
Total 2 2138 1 2141
Applications Notice of motion 1 4 - 5
Ordinary application 5 769 - 774
Certificate of automatic discharge - 23 - 23
Other - 18 - 18
Total 6 814 - 820

Section 3: Companies

Table B.5 and B.6 show the companies’ proceedings entered and disposed of for 2009. There were 586 companies’ proceedings received and 404 disposed of.

Table B.5: Companies’ cases and applications received in 2009
Cases Winding up petition 345
Other petitions 9
Originating summons 147
Other 32
Total 533
Applications Notice of motion 14
Ordinary application 32
Other 7
Total 53
Table B.6: Companies’ cases and applications disposed of in 2009
High Court Judge Master Total
Cases Winding up petition 4 313 317
Other petitions 3 6 9
Originating summons 7 38 45
Other 6 8 14
Total 20 365 385
Applications Notice of motion 2 2 4
Ordinary application 2 9 11
Other 2 2 4
Total 6 13 19

Table B.7 shows the time interval in weeks for cases and applications in the Chancery Division for the three business areas. A chancery case takes on average 30 weeks from date of issue to date of disposal compared with 11 weeks for a bankruptcy case and 16 weeks for a companies’ case.

Table B.7: Average time intervals in weeks in 2009
Chancery Bankruptcy Companies
Cases Applications Cases Applications Cases Applications
Issue to first listing 23 7 6 3 12 2
First listing to disposal 5 4 5 2 4 3
Issue to disposal 30 8 11 5 16 4

Due to rounding, individual time intervals may not equal the overall time taken to progress through the courts.

Section 4: Queen’s Bench Division

There were 11,164 Queen’s Bench cases and applications received during 2009, 64% of these were made up of writs and originating summonses. There has been a 21% increase in the number of writs received from 5,956 in 2008 to 7,188 in 2009 (Table B.8).

Table B.8: Queen’s Bench cases and applications received in 2009
Writs and originating summonses Negligence 4080
Breach 163
Road injuries 1141
Personal injuries 352
Monies due 1229
Other 223
Total 7188
Miscellaneous Foreign judgement 373
Other 108
Total 481
Applications Summons/interlocutory applications 2062
Remittals and removals 589
Exparte applications 324
Other 520
Total 3495

Table B.9 shows the breakdown of the amount claimed in writs and originating summonses in 2009.

Table B.9: Queen’s Bench writs and originating summonses received by amount claimed in 2009
Unliquidated Less than £1,000 £1,000-2,999 £3,000-14,999 Over £15,000 Total
Negligence 4078 - - 1 1 4080
Breach 150 - - 1 12 163
Road injuries 1133 - - 1 7 1141
Personal injuries 346 -   3 3 352
Monies due 107 1 47 329 745 1229
Other 217 - - 2 4 223
Total 6031 1 47 337 772 7188

There were 1,800 Queen’s Bench writs (excluding commercial actions) set down for trial during 2009 (Table B.10).

Table B.10: Queen’s Bench writs and originating summonses setdown by amount claimed in 2009
  Unliquidated £1,000-2,999 £3,000-14,999 Over £15,000 Total
Negligence 1139 - 3 5 1147
Breach 16 - - 6 22
Road injuries 397 - 3 13 413
Personal injuries 123 - 4 13 140
Monies due 13 1 1 11 26
Other 45 - 2 5 52
Total 1733 1 13 53 1800

There were 1,665 writs dealt with in court and 1,384 writs disposed of as office disposals. Actions set down as negligence constituted 40% of writs disposed of (Table B.11).

Table B.11: Queen’s Bench cases and applications disposed of in 2009
  High Court Judge Master Office disposal [1] Default judgement Total
Writs and originating summonses Negligence 951 30 514 33 1528
Breach 31 - 29 11 71
Road injuries 356 8 379 15 758
Personal injuries 165 17 189 4 375
Monies due 9 4 36 684 733
Other 88 6 237 39 370
Total 1600 65 1384 786 3835
Miscellaneous Foreign judgement - 10 - 1 11
Other 13 2 10 - 25
Total 13 12 10 1 36
Applications Summons/interlocutory applications 147 1658 - - 1805
Remittals and removals 4 494 - - 498
Exparte applications 38 195 - - 233
Other 191 264 - - 455
Total 380 2611 - - 2991

Excludes commercial actions. [1] In Queens Bench a new practice direction came into effect 1/4/08 which set out new procedures for setting down an action for trial. An exercise was carried out to dispose of old cases which were withdrawn or settled out of court.

Of the 2,451 writs disposed of, 38% were for over £15,000 (Table B.12).

Table B.12: Queen’s Bench writs and originating summonses disposed by amount in 2009
  Unliquidated Less than £1,000 £1,000-2,999 £3,000-14,999 Over £15,000 Total
High Court Judge Negligence 522 1 17 166 245 951
Breach 21 - 1 3 6 31
Road injuries 54 - 3 67 232 356
Personal injuries 103 - 2 22 38 165
Monies due 5 - - 1 3 9
Other 59 - - 7 22 88
Master Negligence 27 - - 2 1 30
Breach - - - - - -
Road injuries 5 - - 2 1 8
Personal injuries 17 - - - - 17
Monies due 4 - - - - 4
Other 6 - - - - 6
Default judgements Negligence 32 - - - 1 33
Breach 8 - - - 3 11
Road injuries 14 - - - 1 15
Personal injuries 4 - - - - 4
Monies due 23 1 23 260 377 684
Other 5 - 3 22 9 39
Total 909 2 49 552 939 2451

Excludes commercial actions.

Tables B.13 and B.14 show the number of commercial actions set down and disposed of. During 2009, 62 actions were entered in the commercial list. In total, 118 cases were disposed of with 107 of these disposed of by a High Court Judge.

Table B.13: Queen’s Bench commercial actions setdown in 2009
Negligence 12
Breach 23
Personal injuries 1
Monies due 22
Other 4
Total 62
Table B.14: Queen’s Bench commercial actions disposed of in 2009
  High Court Judge Master Office disposal Default judgement Total
Negligence 22 1 3 - 26
Breach 35 - 2 - 37
Personal injuries - - - - -
Monies due 43 - 1 2 46
Other 7 - 1 1 9
Total 107 1 7 3 118

In 2009, the average length of time for a writ from first listing to disposal was 20 weeks (Table B.15).

Table B.15: Average time intervals in weeks in 2009
  Writs and originating summonses Commercial actions Miscellaneous[2] Applications
Issue to first listing 106 108 12 9
First listing to disposal 20 42 17 5
Issue to disposal 125 148 15 15

Excludes default judgements and office disposals. Due to rounding and not all writs and originating summonses having a set-down date, individual time intervals may not equal the overall time taken to progress through the courts. [2] The miscellaneous category refers to 25 cases, of which only 14 were set down.

Section 5: Judicial Reviews

Tables B.16 to B.18 are in relation to Judicial Reviews. There were 76 applications for leave to apply for Judicial Review granted (34%). Of the 100 applications for Judicial Review that were disposed in 2009, 19% were granted.

Table B.16: Judicial Review applications received in 2009
Applications for leave to apply for Judicial Review 268
Applications for Judicial Review 105
Ancillary applications 3
Table B.17: Judicial Review applications disposed of in 2009
  Granted Withdrawn/ Refused/ Dismissed Other Total
Applications for leave to apply for Judicial Review 76 116 31 223
Applications for Judicial Review 19 54 27 100
Ancillary applications - - 2 2

In 2009, the average length of time from issue to disposal of applications for Judicial Review was 42 weeks (Table B.18).

Table B.18: Average time intervals in weeks in 2009
Applications for leave to apply for Judicial Review Applications for Judicial Review Ancillary applications
Issue to first listing 3 21 2
First listing to disposal 6 21 15
Issue to disposal 9 42 9

Due to rounding and not all applications having a court date, individual time intervals may not equal the overall time taken to progress through the courts.

Section 6: Probate

The number of grants of probate issued during 2009 decreased by 5% from 6,484 in 2008 to 6,187 in 2009 (Table B.19).

Table B.19: Probate grants issued in non-contentious proceedings in 2009
  District registry Probate Northern Ireland
By solicitor Personal By solicitor
Grant of administration - - 1 1
Pendente Lite - - - -
Letters of administration with will annexed 28 - 133 161
Letters of administration with will annexed (DBN) 7 - 18 25
Letters of administration 297 - 1008 1305
Grant of probate 736 - 3919 4655
Letters of administration (DBN) 9 - 31 40
Total grants issued 1077 - 5110 6187

Section 7: Matrimonial

The number of divorce petitions filed decreased by 10%, from 3,055 in 2008 to 2,746 in 2009 (Table B.20).

Table B.20: Divorce petitions received in 2009
  Filed by Total
Wife Husband Unknown
Divorce Petitions 2 years with consent 686 437 1 1124
5 years separation 373 344 - 717
Adultery 64 19 - 83
Unreasonable behaviour 435 93 - 528
Combination of grounds/other 212 81 - 293
Ancillary relief 1 - - 1
Total 1771 974 1 2746

There were 948 decrees nisi granted in the High Court during 2009, a decrease of 20% on the 1,186 granted during 2008. The most common ground for dissolution continued to be separation (2 years with consent) accounting for 34% of all cases (Table B.21).

Table B.21: Divorce petitions by type of decree in 2009
  Wife Husband Both Total
Decrees Nisi 2 years with consent 197 124 - 321
5 years separation 118 87 - 205
Adultery 15 7 - 22
Unreasonable behaviour 153 19 2 174
Combination of grounds/other 169 50 7 226
Nullity Combination of grounds/other - - - -
Judicial Separation 2 years with consent - - - -
5 years separation 1 - - 1
Adultery - - - -
Unreasonable behaviour 1 1 - 2
Combination of grounds/other 3 - - 3
Total 657 288 9 954
Table B.22: Divorce petitions by number of absolutes issued in 2009
  Found by Total
Wife Husband Both
Divorce Petitions 2 years with consent 206 114 - 320
5 years separation 137 92 - 229
Adultery 11 6 - 17
Unreasonable behaviour 158 10 - 168
Combination of grounds/other 132 37 8 177
Total 644 259 8 911

During 2009, there were 1,308 matrimonial applications received. In total, 39% of applications were for ancillary relief (Table B.23).

Table B.23: Matrimonial applications received in 2009
Applications Combination of grounds/other 27
Ancillary relief 515
Matrimonial application 711
Other 55
Total 1308

Of the 1,123 matrimonial applications disposed of during 2009, 495 (44%) were for ancillary relief (Table B.24).

Table B.24: Matrimonial applications disposed of in 2009
  Judge Master Total
Applications Combination of grounds/other 11 - 11
Ancillary relief 4 491 495
Matrimonial application 30 569 599
Other 13 5 18
Total 58 1065 1123

The average time from the issue of a petition to the date the decree was granted was 45 weeks (Table B.25).

Table B.25: Average time intervals in weeks for divorce petitions in 2009
  Divorce Petitions
Issue to first listing 39
First listing to date decree granted 6
Issue to date decree granted 45

Due to rounding, individual time intervals may not equal the overall time taken to progress through the courts.

During 2009, the average time from issue to disposal of a matrimonial application was 47 weeks. Applications for ancillary relief took on average 56 weeks from date of issue to date of disposal (Table B.26).

Table B.26: Average time intervals in weeks for divorce applications in 2009
  Combination of grounds / other Ancillary relief Matrimonial applications Other
Issue to first listing - 10 44 2
First listing to disposal 20 47 4 8
Issue to disposal 20 56 47 10

Due to rounding, individual time intervals may not equal the overall time taken to progress through the courts.

Section 8: Wardship and Adoption

During 2009, adoption order applications accounted for 52% of the total applications received (Table B.27).

Table B.27: Adoption cases and applications received in 2009
Adoption Order Applications 64
Child Abduction Originating Summonses 9
Freeing Order Applications 19
Interlocutory Applications 19
Wardship Originating Summonses 12
Total 123

Of the cases disposed, 95% were disposed of by a High Court Judge. The majority of applications disposed of (63%) were adoption order applications (Table B.28).

Table B.28: Adoption cases and applications disposed of in 2009
  High Court Judge Master Office Disposal Total
Adoption Order Applications 73 - 2 75
Child Abduction Originating Summonses 6 - - 6
Freeing Order Applications 15 - - 15
Interlocutory Applications 15 - - 15
Wardship Originating Summonses 4 4 - 8
Total 113 4 2 119

Ex-parte applications for occupation/non-molestation orders accounted for 62% of the total number of Family Homes and Domestic Violence cases and applications received (Table B.29).

Table B.29: Family Homes and Domestic Violence cases and applications received in 2009
Applications for Occupation/Non-Molestation 17
Article 20 Non-Molestation 4
Ex-parte Applications for Occupation /Non-Molestation 34
Total 55

The Master disposed of 76% of the total number of Family Homes and Domestic Violence cases and applications during 2009. Table B.30 shows that 59% of all cases were ex-parte.

Table B.30: Family Homes and Domestic Violence cases and applications disposed in 2009
  High Court Judge Master Total
Applications for Occupation/Non-Molestation 7 15 22
Article 20 Non-Molestation - 4 4
Ex-parte Applications for Occupation /Non-Molestation 8 28 36
Article 23 Ex-parte Non-Molestion and Occupation - 1 1
Total 15 48 63

Table B.31 shows the average time in weeks for adoption and Family Homes and Domestic Violence cases and applications during 2009. It took on average 31 weeks for an adoption case from date of issue to date of disposal.

Table B.31: Average time intervals in weeks in 2009
  Adoption Family Homes And Domestic Violence
Issue to first listing 23 1
First listing to disposal 9 23
Issue to disposal 31 24

Due to rounding, individual time intervals may not equal the overall time taken to progress through the courts.

Section 9: Care and Protection

There were 794 patients referred to the Office of Care and Protection in 2009 for investigation under the Mental Health Order, representing a 12% decrease on the 2008 total of 907 patients. The total live caseload for 2009 was 1,493 (Table B.32).

Table B.32: Office of Care and Protection – Mental Health proceedings in 2009
New referrals 794
Enduring Power of Attorney applications received 304
Orders issued 871
Certificates issued 5900
Reviews completed 845
Visits 14
Casework Sections Incoming Post 8240
Referrals Section Incoming Post 5670
Live Caseload at 31st December 1493

Section 10: Official Solicitor’s Office

Tables B.33 and B.34 demonstrate the caseload of the Official Solicitor’s Office. There were 550 live patient cases and 227 live minors’ cases in 2009.

Table B.33: Official Solicitor’s Office – Patient caseload in 2009
Referrals 36
Orders:
Ad. Interim orders 12
Controller orders 14
Dismissals 35
Live cases 550
Incoming correspondence 8182
Miscellaneous queries 52
Table B.34: Official Solicitor’s Office – Minors’ caseload in 2009
  Received Current Caseload Disposed
Guardian of the Fortune 2 12 0
Adoption 5 3 3
Inter-Country Adoption 9 10 1
Children Order 95 101 37
Art 159 Children Order 3 0 3
Parental Incapacity 10 21 1
Trustee 0 1 0
Criminal Injury 3 38 0
Change of Surname 3 0 3
Declaratory Proceedings 0 1 0
Estate 1 6 0
Judicial Review 1 4 0
Motor Insurers’ Bureau 0 4 0
Personal Injury 0 3 0
House Purchase 1 1 0
Declined 0 1 0
Wardship 3 1 2
Miscellaneous 22 20 14
Total 158 227 64

Live case load only include those cases where specific actions are actively being taken to progress matters. These cases are recorded as ‘disposed of’ when the said actions have come to an end. A minor’s case is closed when he/she reaches the age of 18 yrs.

Section 11: Masters’ appeals

There were 56 Masters’ appeals received and 51 Masters’ appeals disposed of in 2009 (Tables B.35 and B.36).

Table B.35: Masters’ appeals received in 2009
Queen’s Bench Masters’ appeals 40
Chancery Masters’ appeals 16
Table B.36: Masters’ appeals disposed in 2009
Queen’s Bench Masters’ appeals 32
Chancery Masters’ appeals 19

Section 12: High Court Bails

There were 2,195 applications for bail in the High Court during 2009. Of the 1,656 applications disposed in court, 47% were granted (Tables B.37 and B.39).

Table B.37 Number of bail applications received in 2009
Bail applications 1438
Bail pending appeals to the county court 29
Compassionate bail applications 181
Miscellaneous applications -
Applications to revoke bail 18
Schedule 2 breaches 1
Time extension 6
Bail variations 522
Total 2195
Table B.38 Number of bail applications disposed of in chambers 2009
  Granted Refused Other Adjourned Total
Bail applications 13 4 - - 17
Bail pending appeals to the county court 1 - - - 1
Compassionate bail applications - 1 - - 1
Application to revoke bail - - - - -
Bail variations 298 3 39 1 341
Total 312 8 39 1 360
Table B.39 Number of bail applications disposed of in court 2009
  Granted Refused Revoke Other Total
Bail applications 554 664 1 79 1298
Bail pending appeals to the county court 10 16 - - 26
Compassionate bail applications 105 55 1 6 167
Miscellaneous applications - - - - -
Application to revoke bail 3 1 9 3 16
Schedule 2 breaches 1 - - - 1
Bail variations 113 27 - 8 148
Total 786 763 11 96 1656

Section 13: Court sitting days and court sitting times

High Court Judges sat on a total of 2,403 court sitting days, a decrease of 6% on the 2,557 days sat during 2008. By majority type of work, High Court Judges sat for a total 598 days hearing Queen’s Bench business and 439 in the Crown Court (Table B.40).

Table B.40 High Court Judges court sitting days and court sitting times in 2009 (hrs:mins)
  Court sitting days Total court sitting time
Crown 439 1221:17
Queen’s Bench 598 1460:39
Judicial Reviews 274 498:23
Children Order 211 518:17
Other Family 152 307:20
Appeals 13 20:45
Chancery 214 528:48
Bails 334 645:28
Callover/Mixed 1 00:05
Court of Appeal - Civil 114 203:00
Court of Appeal - Criminal 53 106:15
Total 2403 5510:17

Days are classified on the basis of the majority business undertaken. Total court sitting time is classified on the basis of all court sitting time spent on each business area. A court sitting day is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers.

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 2009

Figure C.1: Number of cases received and disposed of in the Crown Court from 2005-2009
Year Number of cases received Number of cases disposed
2005 1285 1224
2006 1267 1269
2007 1436 1431
2008 1288 1371
2009 1329 1236

Section 1: Cases received and disposed of

Tables C.1 show the number of cases received in 2009. There were 1,329 cases received in 2009 compared with 1,288 in 2008, an increase of 3%. In 2009, there were 1,236 cases disposed of (Table C.2), a 10% decrease from the 1,371 in 2008.

Table C.1: Crown Court cases received in 2009
  Justice & Security Act [1] Non-Scheduled Scheduled Total
Antrim - 186 - 186
Ards - 123 - 123
Armagh & South Down - 97 - 97
Belfast 14 464 - 478
Craigavon - 115 - 115
Fermanagh & Tyrone - 185 - 185
Londonderry - 145 - 145
Total 14 1315 - 1329

[1] Refers to cases to be tried under the Justice and Security (Northern Ireland) Act 2007.

Table C.2: Crown Court cases disposed of in 2009
  Justice & Security Act [1] Non-Scheduled Scheduled Total
Antrim - 175 - 175
Ards - 115 - 115
Armagh & South Down - 81 - 81
Belfast 13 426 4 443
Craigavon - 121 - 121
Fermanagh & Tyrone - 159 - 159
Londonderry - 142 - 142
Total 13 1219 4 1236

[1] Refers to cases tried under the Justice and Security (Northern Ireland) Act 2007.

Table C.3 Defendants committed to Crown Court in 2009
  Justice & Security Act [1] Non-Scheduled Scheduled Total
Antrim - 234 - 234
Ards - 136 - 136
Armagh & South Down - 137 - 137
Belfast 22 605 - 627
Craigavon - 138 - 138
Fermanagh & Tyrone - 234 - 234
Londonderry - 180 - 180
Total 22 1664 - 1686

[1] Refers to defendants tried under the Justice and Security (Northern Ireland) Act 2007.

There were a total of 1,556 defendants disposed of during 2009. This was a decrease of 10% when compared with the 1,733 defendants disposed of in 2008 (Table C.4).

Table C.4: Crown Court defendants disposed of in 2009
  Justice & Security Act [1] Non-Scheduled Scheduled Total
Antrim - 232 - 232
Ards - 139 - 139
Armagh & South Down - 118 - 118
Belfast 35 503 6 544
Craigavon - 149 - 149
Fermanagh & Tyrone - 203 - 203
Londonderry - 171 - 171
Total 35 1515 6 1556

[1] Refers to defendants tried under the Justice and Security (Northern Ireland) Act 2007.

Section 2: Crown Court waiting times

The average waiting time between committal to start of trial was 118 days (Table C.5).

Table C.5: Average waiting time in days in 2009
  Committal to start of trial – days Conviction to disposal – days Total defendants disposed of
Antrim 124 49 211
Ards 110 30 135
Armagh & South Down 90 29 117
Belfast 142 53 520
Craigavon 143 37 142
Fermanagh & Tyrone 90 35 192
Londonderry 74 40 160
Total 118 43 1477

Excludes defendants who had a bench warrant or deferred sentence.

Section 3: Defendants disposed of

The majority of defendants were disposed of by a county court judge (95%) (Table C.6).

Table C.6: Crown Court defendants disposed of by judge type in 2009
  Judicial Level Total
County Court Judge High Court Judge
Antrim 224 8 232
Ards 131 8 139
Armagh & South Down 113 5 118
Belfast 502 42 544
Craigavon 148 1 149
Fermanagh & Tyrone 201 2 203
Londonderry 162 9 171
Total 1481 75 1556
Table C.7: Crown Court defendants disposed of by charge type
All Offences Against the Person 250
All Sexual Offences 134
All Burglary Offences 50
All Robbery Offences 33
All Theft Offences 74
All Fraud and Forgery Offences 55
All Criminal Damage Offences 32
All Offences Against the State 7
All Other Offences 61
All Drug Offences 215
All Motoring Offences 47
All Non-Police Offences 15
Combination of Charges 583
Total 1556

In total, 40% of defendants made a plea of guilty on all charges and 13% were acquitted on all charges (Table C.8).

Table C.8: Outcome of Crown Court defendants in 2009
  Plea of guilty on all charges Plea of not guilty on at least one charge – found guilty on at least one charge Plea not guilty – acquitted on all charges All charges withdrawn Total
Antrim 112 99 21 - 232
Ards 73 55 10 1 139
Armagh & South Down 35 63 15 5 118
Belfast 222 240 82 - 544
Craigavon 58 70 21 - 149
Fermanagh & Tyrone 66 104 31 2 203
Londonderry 63 79 29 - 171
Total 629 710 209 8 1556

Section 4: Crown Court sittings and times

There were 2,457 sittings in the Crown Court in 2009. The total time spent on Crown Court business has increased by 4% from 2008.

Table C.9: Crown Court sittings and total Crown Court time (hrs:mins)
  Number of sittings Total time
Antrim 409 1397:44
Ards 214 362:47
Armagh & South Down 192 500:26
Belfast 1001 2956:01
Craigavon 203 584:58
Fermanagh & Tyrone 193 496:47
Londonderry 245 645:33
Total 2457 6944:18

Crown Court sittings refer to a sitting where any Crown Court business is heard. Total Crown time includes all time spent on Crown business. High Court Judges & county court judges sit on Crown business.

Part D County Court

The county court deals 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 2009

Figure D.1: Number of ordinary civil bills received in 2009
  Civil Bills Received
Belfast 9506
Londonderry 714
Antrim 950
Fermanagh and Tyrone 832
Armagh and South Down 641
Ards 1156
Craigavon 870

Section 1: Appeals from magistrates’ courts

There were a total of 3,133 appeals received during 2009 (Table D.1) and 2,864 appeals were disposed of in the county court during 2009 (Table D.2). County Court Appeals were recorded on ICOS from 2007 and caution should be taken when comparing with previous years.

Table D.1: Appeals received in 2009
  Appeals received
Antrim 520
Ards 311
Armagh and South Down 418
Belfast 381
Craigavon 471
Fermanagh and Tyrone 751
Londonderry 281
Total 3133
Table D.2: Appeals disposed of in 2009
  Appeals disposed
Antrim 508
Ards 272
Armagh and South Down 372
Belfast 337
Craigavon 439
Fermanagh and Tyrone 653
Londonderry 283
Total 2864

Tables D.3 to D.5 show the result of appeals against conviction and sentence, sentence only and civil appeals. The vast majority of appeals (98%) dealt with in court were criminal cases, and 2% were civil cases. Of the criminal appeals, 70% were against sentence only and 30% were against conviction and sentence.

Table D.3: Number of magistrates’ court appeals against conviction and sentence in 2009
  Appeal Allowed – Order Reversed Appeal Allowed – Order Varied on Appeal Appeal Dismissed – Affirm Order Appeal Abandoned/ Withdrawn Total
Antrim 66 41 25 10 142
Ards 10 65 10 15 100
Armagh and South Down 19 21 5 29 74
Belfast 33 57 25 28 143
Craigavon 24 43 35 11 113
Fermanagh and Tyrone 22 68 43 51 184
Londonderry 12 31 35 31 109
Total 186 326 178 175 865
Table D.4: Number of magistrates’ court appeals against sentence only in 2009
  Appeal Allowed – Order Reversed Appeal Allowed – Order Varied on Appeal Appeal Dismissed – Affirm Order Appeal Abandoned/ Withdrawn Total
Antrim 14 205 93 54 366
Ards 2 100 25 45 172
Armagh and South Down 6 182 64 46 298
Belfast 7 101 34 52 194
Craigavon 13 191 74 48 326
Fermanagh and Tyrone 7 181 157 124 469
Londonderry - 40 88 46 174
Total 49 1000 535 415 1999
Table D.5: Number of magistrates’ court civil appeals in 2009
  Appeal Dismissed – Affirm Order Appeal Allowed – Order Varied Appeal Allowed – Order Reversed Appeal Withdrawn Total
Antrim 3 4 1 - 8
Ards 5 1 - 1 7
Armagh and South Down - 1 2 - 3
Belfast 2 1 5 - 8
Craigavon - 2 - 4 6
Fermanagh and Tyrone 4 3 2 - 9
Londonderry 5 1 1 1 8
Total 19 13 11 6 49

Section 2: Criminal damage cases

There were 38 criminal damage cases received during 2009. Belfast accounted for 55% of all cases received. Table D.7 shows that there were 37 criminal damage cases disposed of in 2009.

Table D.6: Number of criminal damage cases and applications received in 2009
Cases Antrim -
Ards 1
Armagh and South Down 3
Belfast 21
Craigavon 10
Fermanagh and Tyrone 2
Londonderry 1
Total 38
Applications Antrim 1
Ards -
Armagh and South Down -
Belfast -
Craigavon -
Fermanagh and Tyrone -
Londonderry 2
Total 3
Table D.7: Number of criminal damage cases and applications disposed of in 2009
  Court disposal Non court disposal Total
Cases Antrim - - -
Ards - - -
Armagh and South Down - - -
Belfast 34 3 37
Craigavon - - -
Fermanagh and Tyrone - - -
Londonderry - - -
Total 34 3 37
Applications Antrim 1 - 1
Ards - - -
Armagh and South Down - - -
Belfast - - -
Craigavon - - -
Fermanagh and Tyrone - - -
Londonderry 2 - 2
Total 3 - 3
Table D.8: Time intervals in weeks (average) for criminal damage cases and applications disposed of in 2009
  Issue to disposal
Cases Antrim -
Ards -
Armagh and South Down -
Belfast 115
Craigavon -
Fermanagh and Tyrone -
Londonderry -
Total 115
Applications Antrim 11
Ards -
Armagh and South Down -
Belfast -
Craigavon -
Fermanagh and Tyrone -
Londonderry 3
Total 5

Excludes default judgements, non-court disposals, and office disposals.

Section 3: Licences

There were 285 licence applications received in the county court in 2009 and 278 licence applications disposed of.

Table D.9: Licences received and disposed of in 2009
  Licences received Licences disposed of
Antrim 41 31
Ards 46 36
Armagh and South Down 24 28
Belfast 92 71
Craigavon 28 29
Fermanagh and Tyrone 32 64
Londonderry 22 19
Total 285 278

Section 4: Ordinary civil bills

There were 14,669 ordinary civil bills received in 2009. There were also 5,382 applications received during the same period. Belfast received 65% of ordinary civil bills compared with 4% in Armagh and South Down.

Table D.10: Number of ordinary civil bill cases and applications received in 2009
Cases Antrim 950
Ards 1156
Armagh and South Down 641
Belfast 9506
Craigavon 870
Fermanagh and Tyrone 832
Londonderry 714
Total 14669
Applications Antrim 445
Ards 572
Armagh and South Down 393
Belfast 2593
Craigavon 498
Fermanagh and Tyrone 376
Londonderry 505
Total 5382

The number of ordinary civil bills where Notices of Intention to Defend were received rose from 6,740 in 2008 to 7,331 in 2009, representing a 9% increase in business (Table D.11).

Table D.11: Number of ordinary civil bill cases with Notice of Intention to Defend by judicial level in 2009
  County court judge level District judge level Total
Antrim 529 274 803
Ards 695 311 1006
Armagh and South Down 378 208 586
Belfast 1882 926 2808
Craigavon 494 284 778
Fermanagh and Tyrone 451 260 711
Londonderry 359 280 639
Total 4788 2543 7331

The number of cases disposed of increased by 12%, from 9,956 cases in 2008 compared with 11,101 in 2009. Of the ordinary civil bills disposed of, 25% were default judgements. A further 20% were disposed of at district judge level compared with 30% disposed of at county court judge level.

Table D.12: Number of ordinary civil bills cases and applications disposed of in 2009
  Court result - CCJ Court result - DJ Non court disposals Default judgement Office disposal Total
Cases Antrim 342 276 273 8 83 982
Ards 509 270 235 7 102 1123
Armagh and South Down 280 182 125 - 65 652
Belfast 1264 779 538 14 304 2899
Civil Processing Centre - - 129 2766 98 2993
Craigavon 283 237 209 7 88 824
Fermanagh and Tyrone 334 237 173 5 70 819
Londonderry 330 233 161 5 80 809
Total 3342 2214 1843 2812 890 11101
Applications Antrim 90 50 100 - - 240
Ards 108 54 134 - - 296
Armagh and South Down 84 81 71 - - 236
Belfast 325 108 434 - - 867
Civil Processing Centre - - 42 - - 42
Craigavon 96 32 106 - - 234
Fermanagh and Tyrone 109 65 81 - - 255
Londonderry 168 99 76 - - 343
Total 980 489 1044 - - 2513

CCJ and DJ split based on the judicial level assigned to the final sitting date, ie CCJ will include DJ sitting as a DCCJ.

Table D.13 shows the amount awarded for ordinary civil bills during 2009. Just under a quarter of civil bills (24%) were awarded between £1000-2999.

Table D.13: Number of ordinary civil bills cases by amount awarded in 2009
  Unliquidated Less than £1000 £1000-2999 £3000-4999 Over £5000 Total
Cases Antrim 145 54 164 130 125 618
Ards 116 77 239 208 139 779
Armagh and South Down 121 44 112 84 101 462
Belfast 648 211 451 412 321 2043
Craigavon 119 65 113 115 108 520
Fermanagh and Tyrone 138 63 130 108 132 571
Londonderry 200 48 134 91 90 563
Total 1487 562 1343 1148 1016 5556

Excludes cases that were adjourned generally, withdrawn, dismissed, default judgements or had office disposals.

On average, it took 47 weeks from date of issue to date of disposal for civil bills to progress through the county court (Table D.14).

Table D.14: Average time intervals in weeks for civil bill cases disposed of in 2009
  Issue to disposal
Cases Antrim 43
Ards 37
Armagh and South Down 50
Belfast 45
Craigavon 48
Fermanagh and Tyrone 49
Londonderry 70
Total 47

Excludes default judgements, non-court disposals, office disposals and cases dealt with by the Civil Processing Centre.

Table D.15: Average time intervals in weeks for civil bill applications disposed of in 2009
  Issue to disposal
Applications Antrim 5
Ards 5
Armagh and South Down 6
Belfast 6
Craigavon 7
Fermanagh and Tyrone 6
Londonderry 19
Total 8

Excludes default judgements, non-court disposals, office disposals and cases dealt with by the Civil Processing Centre.

Section 5: Equity

There were 221 equity cases and 123 equity applications received during 2009.

Table D.16: Equity cases and applications received in 2009
Cases Antrim 25
Ards 24
Armagh and South Down 40
Belfast 51
Craigavon 14
Fermanagh and Tyrone 38
Londonderry 29
Total 221
Applications Antrim 13
Ards 15
Armagh and South Down 24
Belfast 20
Craigavon 6
Fermanagh and Tyrone 21
Londonderry 24
Total 123

Table D.17 shows that there were 217 equity cases disposed of in 2009. The majority of equity cases were disposed of in court (88%).

Table D.17: Equity cases and applications disposed of in 2009
  Court result Non court disposals Total
Cases Antrim 21 6 27
Ards 7 3 10
Armagh and South Down 28 3 31
Belfast 37 3 40
Craigavon 21 1 22
Fermanagh and Tyrone 45 8 53
Londonderry 31 3 34
Total 190 27 217
Applications Antrim 4 6 10
Ards 9 6 15
Armagh and South Down 14 4 18
Belfast 7 2 9
Craigavon 8 1 9
Fermanagh and Tyrone 13 2 15
Londonderry 23 4 27
Total 78 25 103

Table D.18 shows the time intervals for equity cases and applications from date of issue to date of disposal for each county court division. On average, for cases disposed of during 2009, it took 67 weeks for an equity case to progress through the county courts.

Table D.18: Average time intervals in weeks for equity cases disposed of in 2009
  Issue to disposal
Cases Antrim 67
Ards 81
Armagh and South Down 62
Belfast 62
Craigavon 47
Fermanagh and Tyrone 73
Londonderry 76
Total 67
Applications Antrim 6
Ards 7
Armagh and South Down 11
Belfast 14
Craigavon 11
Fermanagh and Tyrone 2
Londonderry 37
Total 17

Excludes default judgements, non-court disposals, and office disposals.

Section 6: Ejectment

In total, there were 1,026 ejectment cases received during 2009, with 45% received in Belfast (Table D.19).

Table D.19: Ejectment cases received in 2009
Cases Antrim 81
Ards 222
Armagh and South Down 40
Belfast 465
Craigavon 141
Fermanagh and Tyrone 50
Londonderry 27
Total 1026

During the year, 793 ejectment cases were disposed of in the county court. The majority of ejectment cases were disposed of in court (97%) (Table D.20).

Table D.20: Ejectment cases disposed of in 2009
  Court result Non court disposals Total
Cases Antrim 69 3 72
Ards 175 7 182
Armagh and South Down 35 2 37
Belfast 283 3 286
Craigavon 145 - 145
Fermanagh and Tyrone 39 3 42
Londonderry 24 5 29
Total 770 23 793

Table D.21 shows the average time in weeks for ejectment cases to progress through the courts during 2009. On average, it took 15 weeks for a case from date of issue to date of disposal.

Table D.21: Average time intervals in weeks for ejectment cases disposed of in 2009
  Issue to disposal
Cases Antrim 13
Ards 17
Armagh and South Down 15
Belfast 12
Craigavon 16
Fermanagh and Tyrone 26
Londonderry 36
Total 15

Excludes default judgements, non-court disposals, and office disposals.

Section 7: Small claims

Table D.22 shows that the number of small claims received was 13,839 cases in 2009, an increase from 13,409 cases in 2008. There were 391 applications received in small claims during 2009 compared with 272 in 2008.

Table D.22: Number of small claims cases and applications received in 2009
Cases Antrim 258
Ards 362
Armagh and South Down 235
Belfast 12347
Craigavon 208
Fermanagh and Tyrone 237
Londonderry 192
Total 13839
Applications Antrim 22
Ards 46
Armagh and South Down 24
Belfast 201
Craigavon 27
Fermanagh and Tyrone 40
Londonderry 31
Total 391
Table D.23: Number of small claims cases with a Notice of Dispute received in 2009
Cases Antrim 218
Ards 296
Armagh and South Down 197
Belfast 714
Craigavon 175
Fermanagh and Tyrone 206
Londonderry 156
Total 1962

In total, 12,167 small claims cases were disposed of in 2009. This was an increase of 14% on the 10,649 cases disposed of during 2008 (Table D.24).

Table D.24: Number of small claims cases and applications disposed of in 2009
  Court disposal Non court disposal Office disposal Default judgement Total
Cases Antrim 196 45 23 1 265
Ards 314 4 162 4 484
Armagh and South Down 220 11 11 3 245
Belfast 711 7 192 22 932
Civil Processing Centre - 10 2883 6732 9625
Craigavon 161 6 47 9 223
Fermanagh and Tyrone 190 2 29 2 223
Londonderry 147 1 20 2 170
Total 1939 86 3367 6775 12167
Applications Antrim 11 2 - - 13
Ards 32 2 - - 34
Armagh and South Down 12 5 - - 17
Belfast 142 3 - - 145
Craigavon 19 3 - - 22
Fermanagh and Tyrone 25 1 - - 26
Londonderry 19 4 - - 23
Total 260 20 - - 280

Table D.25 shows that during 2009, it took on average 21 weeks for a small claims case to progress from date of issue to date of disposal.

Table D.25: Average time intervals in weeks for small claims cases disposed of in 2009
  Issue to disposal
Cases Antrim 23
Ards 23
Armagh and South Down 18
Belfast 20
Craigavon 22
Fermanagh and Tyrone 21
Londonderry 19
Total 21
Applications Antrim 3
Ards 9
Armagh and South Down 4
Belfast 5
Craigavon 9
Fermanagh and Tyrone 9
Londonderry 4
Total 6

Excludes default judgements, non-court disposals, office disposals and cases dealt with by the Civil Processing Centre.

Section 8: Divorce cases

There were 1,315 decrees nisi granted in undefended divorce cases in the county court in 2009 (Table D.26). The number of decrees nisi granted has decreased by 20% from 1,651 in 2008.

Table D.26: Divorce Petitions by type of decrees nisi in 2009
  2 years with consent 5 years separation Adultery Unreasonable behaviour Combination of grounds / other Total
Antrim 99 75 7 24 11 216
Ards 95 50 6 3 2 156
Armagh and South Down 62 60 4 20 9 155
Belfast 131 90 2 10 10 243
Craigavon 104 47 1 10 4 166
Fermanagh and Tyrone 55 51 4 10 16 136
Londonderry 91 87 6 37 22 243
Total 637 460 30 114 74 1315
Table D.27: Divorce petitions by number of decrees absolute issued in 2009
  2 years with consent 5 years separation Adultery Unreasonable behaviour Combination of grounds / other Total
Antrim 107 74 6 20 14 221
Ards 88 51 8 3 2 152
Armagh and South Down 61 59 3 12 10 145
Belfast 133 109 3 12 10 267
Craigavon 95 50 2 9 7 163
Fermanagh and Tyrone 51 42 5 18 9 125
Londonderry 83 66 2 29 12 192
Total 618 451 29 103 64 1265

Tables D.28 and D.29 show the number of matrimonial applications received and disposed of during 2009.

Table D.28: Matrimonial applications received in 2009
  Ancillary relief Matrimonial application Other Total
Antrim 34 - 6 40
Ards 8 - 4 12
Armagh and South Down 37 - 3 40
Belfast 11 - 107 118
Craigavon 20 2 3 25
Fermanagh and Tyrone 26 1 1 28
Londonderry 59 6 14 79
Total 195 9 138 342
Table D.29: Matrimonial applications disposed of in 2009
  Ancillary relief Matrimonial application Other Total
Antrim 26 - 2 28
Ards 5 - 3 8
Armagh and South Down 46 - 3 49
Belfast 13 - 2 15
Craigavon 22 1 4 27
Fermanagh and Tyrone 36 - 1 37
Londonderry 53 5 6 64
Total 201 6 21 228

County court divorce petitions took on average 35 weeks from date of issue to the date decree nisi granted. Divorce applications took on average 48 weeks to progress through the county courts during 2009.

Table D.30: Average time intervals in weeks for divorce petitions in 2009
  Issue to date decree nisi granted Date decree nisi granted to date absolute issued
Antrim 35 12
Ards 29 10
Armagh and South Down 37 12
Belfast 35 12
Craigavon 33 10
Fermanagh and Tyrone 37 13
Londonderry 37 11
Total 35 11
Table D.31: Average time intervals in weeks for divorce applications in 2009
  Issue to disposal
Antrim 31
Ards 29
Armagh and South Down 39
Belfast 41
Craigavon 58
Fermanagh and Tyrone 46
Londonderry 61
Total 48

Section 9: Court sitting days and court sitting times

Table D.32 shows that there were 3,954 court sitting days in 2009.

Table D.32: County court sitting days and court sitting times in 2009 (hrs:mins)
  Number of court sitting days Average court sitting time Total court time Total court criminal time Total court civil time Total family time
Antrim 460 3:08 1440:04 965:33 431:27 43:04
Ards 396 2:28 973:42 389:26 551:25 32:50
Armagh and South Down 393 2:52 1127:31 549:16 509:05 69:10
Belfast 1433 3:13 4618:51 2494:27 1503:34 615:53
Craigavon 431 3:11 1370:30 651:11 518:25 200:09
Fermanagh and Tyrone 386 2:58 1145:52 595:35 471:10 79:07
Londonderry 455 2:43 1236:45 624:50 394:22 217:32
Total 3954 3:01 11913:16 6270:20 4379:30 1257:45

A court sitting day is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers.

Part E Magistrates’ Court

The magistrates’ court hears and determines less serious criminal cases, cases involving youth and some civil and domestic cases including family proceedings.

Key facts during 2009

Figure E.1: Magistrates’ court adult defendants disposed of (2005-2009)
Year Number of Adult defendants disposed
2005 50306
2006 53710
2007 55698
2008 51385
2009 52990
Figure E.1: Magistrates’ court youth defendants disposed of (2005-2009)
Year Number of Youth defendants disposed
2005 2112
2006 2808
2007 3289
2008 3091
2009 3129

With effect from 30 August 2005 the jurisdiction of the youth court was extended to include 17 year olds.

Section 1: Business volumes received in the magistrates’ court

In 2009, there were 53,815 adult defendants received. In the youth court, there were 3,067 defendants received (Table E.1).

Table E.1: Business volumes received in adult criminal, youth and civil courts in 2009.
  Number of adult defendants Number of youth defendants Number of civil applications
Antrim Antrim 2146 77 162
Ballymena 1690 146 399
Coleraine 2697 171 506
Larne 683 26 118
Division Total 7216 420 1185
Ards Bangor 1438 122 219
Downpatrick 1792 93 190
Newtownards 2310 217 541
Division Total 5540 432 950
Armagh& South Down Armagh 1467 45 144
Banbridge 1516 49 11
Newry 3635 138 559
Division Total 6618 232 714
Belfast Belfast 15094 931 1880
Division Total 15094 931 1880
Craigavon Craigavon 2483 156 248
Lisburn 2921 144 250
Division Total 5404 300 498
Fermanagh & Tyrone Dungannon 3492 132 228
Enniskillen 1724 97 121
Omagh 1980 90 216
Strabane 1076 48 98
Division Total 8272 367 663
Londonderry Limavady 1202 23 64
Londonderry 3430 319 699
Magherafelt 1039 43 91
Division Total 5671 385 854
Northern Ireland 53815 3067 6744

Section 2: Adult criminal business disposed of

There were 52,990 defendants disposed of in 2009. Belfast accounted for 27% of the business; in contrast, Craigavon division disposed of 10% of adult defendants (Table E.2).

Table E.2: Number of adult defendants disposed of in the magistrates’ court in 2009
  Number of adult defendants Divisional % of NI Total
Antrim Antrim 2179  
Ballymena 1664
Coleraine 2883
Larne 701
Division Total 7427 14.0
Ards Bangor 1466  
Downpatrick 1814
Newtownards 2283
Division Total 5563 10.5
Armagh & South Down Armagh 1435  
Banbridge 1468
Newry 3368
Division Total 6271 11.8
Belfast Belfast 14459  
Division Total 14459 27.3
Craigavon Craigavon 2430  
Lisburn 2818
Division Total 5248 9.9
Fermanagh & Tyrone Dungannon 3492  
Enniskillen 1731
Omagh 1987
Strabane 1095
Division Total 8305 15.7
Londonderry Limavady 1226  
Londonderry 3442
Magherafelt 1049
Division Total 5717 10.8
Northern Ireland 52990 100

Due to rounding, percentages may not add up to 100%.

Table E.3 shows the types of charges disposed of in 2009. In total, there were 108,496 charges disposed of.

Table E.3: Number and type of charges brought for defendants disposed of in 2009
  PSNI/PPS Prosecution Departmental Prosecution Fixed Penalty Total
Indictable charges 2813 12 - 2825
Hybrid charges 24810 1458 - 26268
Indictable triable summarily charges 10331 20 - 10351
Summary charges 52113 15566 1373 69052
Total 90067 17056 1373 108496

Figures are based on the number of charges disposed. The class on ICOS is based on the police classification. Major & minor motoring charges have been counted in either summary, indictable, indictable triable summarily or hybrid.

Table E.4 shows the outcomes of defendants disposed of in 2009. 37% of defendants pleaded guilty on all charges.

Tables E.4: Outcomes of defendants disposed of in 2009
  PSNI/PPS Prosecution Departmental Prosecution Fixed Penalty Total
Committed to Crown Court 1687 - - 1687
Plea of guilty on all charges 16296 3397 - 19693
All charges withdrawn 7499 3907 41 11447
Fixed Penalty default - - 1332 1332
Plea not guilty – found guilty on at least one charge 10866 5761 - 16627
Plea not guilty – acquitted on all charges 1745 459 - 2204
Total 38093 13524 1373 52990

Figures are based on the number of final orders.

Table E.5 shows there were 141,792 final orders granted in the magistrates’ adult court in 2009.

Table E.5: Types of disposals from the magistrates’ adult court in 2009
  Northern Ireland
Community Orders 4948
Custodial Orders 10055
Monetary Orders 44656
Non-Custodial Orders 6233
Road Traffic Orders 23115
Withdrawn 35583
Other Final Orders 17202
Total 141792

Figures are based on the number of final orders.

The average waiting time in Northern Ireland for defendants disposed of in 2009 between the date of summons and the date of first hearing was 8 weeks. The waiting time between the date of first hearing and disposal averaged 7 weeks (Table E.6).

Table E.6: Average waiting times in weeks for adult defendants disposed of in the magistrates’ court in 2009.
  Summons/charge to first hearing (weeks) First hearing to finding (weeks) First hearing to disposal (weeks) Summons to disposal (weeks)
Antrim Antrim 8.1 5.4 5.9 13.9
Ballymena 7.9 7.4 8.5 16.5
Coleraine 8.1 11.2 12.0 20.1
Larne 11.1 5.5 6.0 17.1
Division Total 8.3 8.1 8.8 17.2
Ards Bangor 8.6 6.3 7.5 16.1
Downpatrick 8.4 8.2 9.1 17.5
Newtownards 9.0 4.5 5.0 14.0
Division Total 8.7 6.2 7.0 15.7
Armagh & South Down Armagh 8.0 5.6 6.1 14.0
Banbridge 7.4 4.9 5.4 12.8
Newry 8.1 5.9 6.6 14.7
Division Total 7.9 5.6 6.2 14.1
Belfast Belfast 7.1 5.7 6.3 13.4
Division Total 7.1 5.7 6.3 13.4
Craigavon Craigavon 9.1 4.2 4.9 14.0
Lisburn 7.9 5.9 7.0 14.9
Division Total 8.5 5.1 6.0 14.5
Fermanagh & Tyrone Dungannon 7.8 5.1 6.0 13.8
Enniskillen 7.0 3.7 4.5 11.4
Omagh 8.1 4.8 5.4 13.6
Strabane 8.2 4.1 4.7 12.9
Division Total 7.8 4.6 5.4 13.1
Londonderry Limavady 7.0 4.7 5.1 12.1
Londonderry 7.5 5.6 6.4 13.9
Magherafelt 8.2 5.7 6.6 14.8
Division Total 7.5 5.4 6.2 13.7
Northern Ireland 7.8 5.8 6.5 14.4

Bench warrants, adjourned generally and deferred sentences are excluded.

Section 3: Youth criminal business disposed of

In 2009, there were 3,129 youth defendants disposed of with 31% in Belfast and 7% in Armagh and South Down (Table E.7).

Table E.7: Number of defendants disposed of in the youth court in 2009
  Number of youth defendants Divisional % NI Total
Antrim Antrim 81  
Ballymena 161
Coleraine 148
Larne 25
Division Total 415 13.3
Ards Bangor 131  
Downpatrick 101
Newtownards 209
Division Total 441 14.1
Armagh & South Down Armagh 48  
Banbridge 54
Newry 126
Division Total 228 7.3
Belfast Belfast 958  
Division Total 958 30.6
Craigavon Craigavon 151  
Lisburn 181
Division Total 332 10.6
Fermanagh & Tyrone Dungannon 126  
Enniskillen 80
Omagh 95
Strabane 50
Division Total 351 11.2
Londonderry Limavady 20  
Londonderry 337
Magherafelt 47
Division Total 404 12.9
Northern Ireland 3129 100

Due to rounding, percentages may not add up to 100%.

Table E.8 shows the types of charges disposed of in 2009 for youth defendants. In total, there were 7,096 charges disposed of in 2009.

Table E.8: Number and type of charges brought for youth defendants disposed of in 2009
  PSNI/PPS Prosecution Departmental Prosecution Fixed Penalty Total
Indictable charges 256 - - 256
Hybrid charges 2498 24 - 2522
Indictable triable summarily charges 1650 - - 1650
Summary charges 2543 125 - 2668
Total 6947 149 - 7096

Figures are based on the number of charges disposed.

The class on ICOS is based on the police classification. Major & minor motoring charges have been counted in either summary, indictable, indictable triable summarily or hybrid.

Table E.9: Outcomes for youth defendants disposed of in 2009
  PSNI/PPS Prosecution Departmental Prosecution Fixed Penalty Total
Committed to the Crown Court 67 - - 67
Plea of guilty on all charges 1199 40 - 1239
All charges withdrawn 988 27 - 1015
Fixed Penalty default - - - -
Plea not guilty – found guilty on at least one charge 628 13 - 641
Plea not guilty – acquitted on all charges 138 29 - 167
Total 3020 109 - 3129

Figures are based on the number of defendants disposed.

Table E.10 shows there were 8,418 final orders granted in the magistrates’ youth court in 2009.

Table E.10: Types of disposals from the youth courts in 2009
  Northern Ireland
Community Orders 1761
Custodial Orders 680
Monetary Orders 602
Non-Custodial Orders 199
Road Traffic Orders 614
Withdrawn 2788
Other Final Orders 1774
Total 8418

Figures are based on the number of final orders.

The average waiting time in Northern Ireland for youth defendants between the dates of summons to the date of first hearing in 2009 was 6 weeks. The average waiting time between the date of first hearing and finding was 8 weeks. The average waiting time from date of first hearing to date of disposal was 12 weeks (Table E.11).

Table E.11: Average waiting times in weeks for youth defendants disposed of in the youth courts in 2009
  Summons/charge to first hearing (weeks) First hearing to finding (weeks) First hearing to disposal (weeks) Summons to disposal (weeks)
Antrim Antrim 8.7 7.4 9.9 18.7
Ballymena 5.1 7.4 10.6 15.7
Coleraine 8.7 18.9 21.4 30.0
Larne 5.9 5.2 8.9 14.8
Division Total 7.2 11.7 14.5 21.7
Ards Bangor 7.5 16.8 21.8 29.3
Downpatrick 6.5 11.6 14.7 21.3
Newtownards 6.8 7.4 9.9 16.8
Division Total 7.0 11.2 14.6 21.6
Armagh & South Down Armagh 4.3 8.7 12.0 16.3
Banbridge 6.3 10.1 13.6 19.9
Newry 5.3 7.0 9.4 14.7
Division Total 5.3 8.1 11.0 16.3
Belfast Belfast 6.3 7.5 10.6 16.9
Division Total 6.3 7.5 10.6 16.9
Craigavon Craigavon 6.3 7.8 11.4 17.5
Lisburn 7.1 11.5 15.5 22.6
Division Total 6.7 9.6 13.4 20.1
Fermanagh & Tyrone Dungannon 6.5 6.1 9.9 16.4
Enniskillen 7.6 5.8 8.8 16.4
Omagh 7.0 6.3 8.1 15.1
Strabane 6.7 6.1 7.0 13.7
Division Total 6.9 6.1 8.8 15.7
Londonderry Limavady 5.0 6.4 9.1 14.1
Londonderry 5.3 5.5 9.9 15.2
Magherafelt 6.9 10.4 12.9 19.8
Division Total 5.5 6.1 10.2 15.7
Northern Ireland 6.4 8.4 11.7 18.1

Bench warrants, adjourned generally, deferred sentences and youth monitored cases are excluded.

Section 4: Civil & Family business disposed of

There were 5,962 applications disposed of during 2009 (Table E.12).

Table E.12: Number of civil & family applications disposed of in the magistrates’ court in 2009
  Total
Antrim Antrim 142
Ballymena 361
Coleraine 459
Larne 111
Division Total 1073
Ards Bangor 197
Downpatrick 178
Newtownards 449
Division Total 824
Armagh & South Down Armagh 142
Banbridge 9
Newry 519
Division Total 670
Belfast Belfast 1557
Division Total 1557
Craigavon Craigavon 202
Lisburn 253
Division Total 455
Fermanagh & Tyrone Dungannon 206
Enniskillen 113
Omagh 204
Strabane 93
Division Total 616
Londonderry Limavady 61
Londonderry 621
Magherafelt 85
Division Total 767
Northern Ireland 5962

The average waiting time for Northern Ireland in the civil and family magistrates’ court for the date of issue to first hearing was 2 weeks. The average waiting time from the date of first hearing to disposal was 6 weeks (Table E.13).

Table E.13: Average waiting times in weeks in the civil and family magistrates’ courts in 2009
  Date of issue to first hearing (weeks) Date of first hearing to disposal (weeks)
Antrim Antrim 1.8 6.4
Ballymena 1.6 5.3
Coleraine 1.7 5.2
Larne 2.1 4.8
Division Total 1.7 5.3
Ards Bangor 1.6 7.2
Downpatrick 2.0 10.6
Newtownards 1.4 5.5
Division Total 1.6 7.0
Armagh & South Down Armagh 2.0 4.4
Banbridge 2.9 4.2
Newry 1.8 4.4
Division Total 1.8 4.4
Belfast Belfast 3.1 5.0
Division Total 3.1 5.0
Craigavon Craigavon 1.7 12.5
Lisburn 1.1 15.2
Division Total 1.3 14.0
Fermanagh & Tyrone Dungannon 1.8 2.0
Enniskillen 1.7 6.2
Omagh 1.5 3.3
Strabane 2.2 3.3
Division Total 1.7 3.4
Londonderry Limavady 1.6 5.0
Londonderry 2.2 5.9
Magherafelt 2.3 2.9
Division Total 2.2 5.5
Northern Ireland 2.1 5.9
Table E.14: Outcome of applications under the Family Homes & Domestic Violence Order in 2009
  Granted Dismissed or refused Withdrawn Vary discharge Other Total
Non molestation 3145 831 919 199 7 5101
Occupation 25 18 27 4 - 74
Combination non-mol occupation - - - - - -
Vary discharge non-mol occupation 7 16 15 33 - 71
Total 3177 865 961 236 7 5246

Section 5: Court sittings and court sitting times

Tables E.15 and E.16 show the number of scheduled, additional and special court sittings and court sitting times in the magistrates’ court in 2009. There were 4,780 scheduled and additional court sittings in the magistrates’ court and the average court sitting time was 3hrs 35mins. The average court sitting time for special courts was 41 minutes.

Table E.15: Scheduled and additional sittings & average sitting times in the magistrates’ courts by division & venue in 2009 (hrs:mins)
  Adult Youth Civil & Family Total number of sitting
Number of sittings Average sitting time Number of sittings Average sitting time Number of sittings Average sitting time Number of sittings Average sitting time
Antrim Antrim 74 4:40 22 1:41 23 3:04 119 3:48
Ballymena 120 3:28 27 2:10 69 3:22 216 3:16
Coleraine 175 4:54 25 3:47 47 3:32 247 4:31
Larne 51 3:36 11 1:59 24 2:35 86 3:06
Total 420 4:17 85 2:30 163 3:15 668 3:48
Ards Bangor 80 3:51 - - 23 2:14 103 3:29
Downpatrick 118 4:38 25 3:00 12 3:40 155 4:18
Newtownards 207 2:29 46 2:44 166 2:26 419 2:30
Total 405 3:23 71 2:50 201 2:29 677 3:04
Armagh & South Down Armagh 98 3:45 20 2:46 2 1:45 120 3:33
Banbridge@Newry 46 3:48 7 3:06 7 2:41 60 3:36
Newry 178 3:53 23 2:59 71 3:31 272 3:43
Total 322 3:50 50 2:55 80 3:24 452 3:39
Belfast Belfast 995 3:22 152 3:23 276 3:25 1423 3:23
Total 995 3:22 152 3:23 276 3:25 1423 3:23
Craigavon Craigavon 144 3:28 24 3:01 54 3:16 222 3:22
Lisburn 142 3:59 22 2:48 42 3:40 206 3:47
Lisburn@ Craigavon 11 3:38 2 4:35 4 5:10 17 4:06
Total 297 3:43 48 2:59 100 3:31 445 3:36
Fermanagh & Tyrone Dungannon 174 4:08 23 2:47 33 4:58 230 4:07
Enniskillen 98 4:29 24 3:02 12 2:31 134 4:03
Omagh 120 3:44 24 3:16 45 4:19 189 3:49
Strabane 91 3:25 12 3:03 - - 103 3:22
Total 483 3:58 83 3:02 90 4:19 656 3:54
Londonderry Limavady 59 4:10 - - - - 59 4:10
Londonderry 189 4:43 39 3:55 85 4:22 313 4:31
Magherafelt 64 3:02 23 1:46 - - 87 2:42
Total 312 4:16 62 3:07 85 4:22 459 4:08
Northern Ireland 3234 3:45 551 3:01 995 3:22 4780 3:35

A court sitting day is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers.

Table E.16: Special sittings & average sitting times in the magistrates’ courts by division & venue in 2009 (hrs:mins)
  Criminal
Number of sittings Average sitting time
Antrim Ballymena 41 0:39
Division Total 41 0:39
Ards Newtownards 38 0:27
Division total 38 0:27
Armagh & South Down Newry 40 0:45
Division Total 40 0:45
Belfast Laganside 1 1:24
Division total 1 1:24
Craigavon Craigavon 17 0:40
Lisburn 17 0:38
Division Total 34 0:39
Fermanagh & Tyrone Enniskillen 1 1:24
Omagh 33 0:53
Division Total 34 0:54
Londonderry Londonderry 43 0:40
Magherafelt 2 1:07
Division Total 45 0:41
Northern Ireland 233 0:41

A court sitting day is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers.

Part F Children Order

Children Order business is conducted before the family proceedings courts, the family care centres and the High Court.

Key facts during 2009

Figure F.1: Public and private law applications entered 2005 – 2009
Year Number of Public applications Number of Private applications
2005 731 5247
2006 695 4799
2007 543 3770
2008 383 3614
2009 523 3929

Section 1: Applications entered and disposed of

Tables F.1 and F.2 show that a total of 4,452 applications were received in designated courts in 2009. The majority of business (93%) was lodged in family proceedings courts, with 4% lodged in the High Court and 4% lodged in family care centres. Of the 3,606 applications disposed of, the High Court accounted for 5% of all business dealt with, care centres accounted for 7% and family proceedings / magistrates’ court accounted for 87%.

Table F.1: Applications received and disposed of in 2009
  Number of applications received Number of disposals
Public Law[1] Family Proceedings Court 474 312
Family Care Centre 25 66
High Court 24 51
Total 523 429
Private Law[2] Family Proceedings Court 3651 2841
Family Care Centre 137 200
High Court 141 136
Total 3929 3177

[1]Public law = care, supervision, child assessment, education supervision, emergency protection orders, extensions, contact with children in care, secure accommodation. [2]Private law = residence, contact, specific issues, prohibited steps, parental responsibility, financial contribution, guardianship, family assistance, non-molestation and occupation orders.

Table F.2: Applications entered and disposed of by venue in 2009
  Public Law[1] Private Law[2]
Number of applications entered Number of disposals Number of applications entered Number of disposals
Family Proceedings Court Antrim - - 6 2
Armagh - - 4 1
Ballymena 61 32 390 265
Banbridge - - 1 1
Bangor - - 3 1
Belfast 117 77 964 759
Coleraine 3 3 25 13
Craigavon 31 29 274 212
Downpatrick - - - -
Dungannon 59 60 209 208
Enniskillen - - 2 1
Larne - - 8 2
Limavady - - 2 1
Lisburn 30 20 374 273
Londonderry 37 13 481 380
Magherafelt - - 4 3
Newry 62 31 345 287
Newtownards 73 46 555 428
Omagh 1 1 4 4
Venue total 474 312 3651 2841
Family Care Centre Belfast 13 35 48 84
Coleraine - - - 1
Craigavon 9 24 77 71
Dungannon 1 2 4 12
Londonderry 2 5 8 32
Venue total 25 66 137 200
High Court Matrimonial 1 - 10 4
Office of Care and Protection 23 51 131 132
Venue total 24 51 141 136
Northern Ireland 523 429 3929 3177

[1]Public law = care, supervision, child assessment, education supervision, emergency protection orders, extensions, contact with children in care, secure accommodation. [2] Private law = residence, contact, specific issues, prohibited steps, parental responsibility, financial contribution, guardianship, family assistance, non-molestation and occupation orders.

Section 2: Reasons for transfer

Complexity accounted for 56% of the reasons quoted for the transfer of cases between courts (Tables F.3a and F.3b).

Table F.3a: Reasons for transfer in 2009 (January- March)
  Convenience Urgency Gravity Importance Complexity Consolidation Other Total
Family Proceedings Court 10 - 2 - 40 19 7 78
Family Care Centre 5 5 2 - 20 1 8 41
High Court 1 - - - - - 3 4
Northern Ireland 16 5 4 - 60 20 18 123

Where a court tier / venue is omitted, this indicates a nil return for the period to date. There may be more than one reason for each case.

Table F.3b: Reasons for transfer in 2009 (April-December)
  Complexity Consolidation Convenience Gravity Jurisdiction Returned to Lower Court Separate Representation for Child Urgency Point of Law Public Interest Other Total
Family Proceedings Court 208 60 9 20 52 - 4 2 7 2 - 364
Family Care Centre 62 9 8 - 5 4 - 2 1 - - 91
High Court - 2 2 - 1 7 - - - - - 12
Northern Ireland 270 71 19 20 58 11 4 4 8 2 - 467

Where a court tier / venue is omitted, this indicates a nil return for the period to date. There may be more than one reason for each case. From April 2009 data collection methods for transfers changed to incorporate a wider range of reasons.

Section 3: Own motion orders and interim orders

Contact permission orders accounted for 27% and care orders accounted for 26% of own motion orders in 2009 (Table F.4).

Table F.4: Own motion orders granted in 2009
  Own motion orders
Appointment of Guardian ad Litem 93
Care 554
Child Assessment 13
Contact: Permission 570
Declaration of Parentage 10
Education Supervision -
Emergency Protection 13
Extension of Emergency Protection Order 3
Family Assistance 3
Non-Molestation Order -
Occupation Articles -
Other orders, applications etc 469
Parental Responsibility 13
Prohibited Steps 21
Recovery 2
Residence 286
Secure Accommodation 19
Specific Issues 35
Supervision 13
Total 2117

These figures may also include some interim orders. Own motion orders are as recorded on ICOS.

Out of the 15,055 interim orders made during 2009, 37% were interim care orders and 48% were interim/short term contact permission orders (Table F.5)

Table F.5: Interim orders granted in 2009
  Interim orders
Appointment of Guardian ad Litem -
Article 53 Contact 1
Care 5506
Child Assessment -
Contact: Permission 7205
Contact: Refusal 4
Contribution and other Financial -
Education Supervision -
Emergency Protection -
Exclusion Requirement -
Extension of Emergency Protection Order -
Family Assistance -
Non-Molestation Order 55
Occupation Articles -
Other orders, applications etc -
Parental Responsibility 8
Prohibited Steps 406
Recovery -
Residence 1329
Secure Accommodation 182
Specific Issues 31
Supervision 328
Total 15055

Section 4: Final Orders Made

Table F.6 show the number of final orders made in 2009.

Table F.6: Final Orders Made - 2009
Adjourn Generally 57
Article 3 Legal Aid granted 903
Article 8 Contact 2422
Authority to refuse contact with a child in care -
C2 Leave granted to commence proceedings -
C18 Final Order 820
Care Order 220
Child Assessment Order -
Contact with a child in care 52
Declaration of Parentage 69
Discharge of a Care Order 32
Discharge Non-molestation / occupation order 3
Discharge Prohibited Steps Order 20
Discharge Residence Order -
Discharge / variation of a Supervision Order -
Dismissed 212
Education Supervision 22
Emergency Protection Order 74
Emergency Protection Order – out of hours 15
Extension of an Emergency Protection Order 19
Family Assistance Order 12
Financial Provision 12
Leave to change surname by which the child is known 18
Leave to remove child from United Kingdom 1
Non-molestation order 25
Order or Directions 137
Other Order 428
Parental Responsibility Order 254
Prohibit further proceeding for set period -
Prohibited steps 129
Recovery of a child 12
Refusal of Article 3 Legal Aid Certificate 2
Residence Order 1490
Secure Accommodation Order 51
Specific Issues 162
Strike Out Order 117
Supervision Order 72
Terminating Appointment of Guardian ad Litem 419
Withdrawn 689
Total 8970

Section 5: Age and gender of children

There were a total of 4,698 children involved in Children Order cases during 2009. In total, 36% of these were aged 0-4 and 29% aged 5-8 (Table F.7).

Table F.7: Age and gender of children in applications disposed of in 2009
  0-4 5-8 9-12 13-16 Total
Male 869 673 582 269 2393
Female 815 710 477 288 2290
Unknown 11 2 2 - 15
Total 1695 1385 1061 557 4698

Section 6: Average time in weeks from lodgement to disposal by venue

The average disposal times for private law cases in 2009 was 43 weeks in the High Court, 44 weeks in the family care centres and 24 weeks in the family proceedings courts. Disposal times of cases in the High Court and the family care centres may include the time spent at the lower courts if cases were transferred (Table F.8).

 

Table F.8: Average time in weeks from lodgement to disposal by venue in 2009
  Public law Private law
Average time weeks Number of cases Average time weeks Number of cases
Family Proceedings Court Antrim - - 29.3 2
Armagh - - 3.6 1
Ballymena 25.2 32 24.7 265
Banbridge - - 2.6 1
Bangor - - 14.9 1
Belfast 20.9 77 23.5 759
Coleraine 4.3 3 13.3 13
Craigavon 31.9 29 26.1 212
Dungannon 29.1 60 25.5 208
Enniskillen - - - 1
Larne - - - 2
Limavady - - - 1
Lisburn 34.7 20 20.3 273
Londonderry 11.5 13 25.1 380
Magherafelt - - 0.4 3
Newry 31.8 31 24.0 287
Newtownards 24.0 46 26.0 428
Omagh 26.7 1 35.3 4
Total 25.8 312 24.2 2841
Family Care Centre Belfast 52.8 35 46.8 84
Coleraine - - 0.9 1
Craigavon 55.9 24 27.8 71
Dungannon 11.7 2 52.7 12
Londonderry 98.6 5 71.1 32
Total 56.1 66 44.1 200
High Court Matrimonial - - 70.2 4
Office of Care and Protection 91.1 51 42.2 132
Total 91.1 51 43.0 136
Northern Ireland 38.3 429 26.2 3177

The time shown will include the time taken at the first court tier.

Section 7: Court sittings and court sitting times

Table F.9 shows the number of sittings where any Children Order business was heard in court. During 2009, the family proceedings courts sat for over 2,651 hours, 59% of the total court sitting time for Children Order.

Table F.9: Court sittings and court sitting times in 2009 (hrs:mins)
  Total court sitting time Average Children Order court sitting time Number of court sittings
Family Proceedings Court Antrim 44:55 3:45 12
Ballymena 192:45 3:23 57
Banbridge@Newry 0:15 0:05 3
Bangor 2:10 1:05 2
Belfast 743:25 3:31 211
Coleraine 89:25 3:12 28
Craigavon 131:35 3:08 42
Dungannon 140:10 3:54 36
Enniskillen 1:40 1:40 1
Larne 41:54 1:54 22
Lisburn 140:00 2:55 48
Lisburn@Craigavon 15:45 3:09 5
Londonderry 330:07 3:45 88
Newry 216:50 3:27 63
Newtownards 366:20 2:27 150
Omagh 193:54 4:13 46
Venue total 2651:10 3:15 814
Family Care Centre Armagh 15:25 3:51 4
Ballymena 0:40 0:40 1
Belfast 585:57 1:56 304
Craigavon 158:24 2:59 53
Dungannon 7:28 0:34 13
Enniskillen 0:30 0:08 4
Lisburn 1:00 1:00 1
Londonderry 78:03 0:56 83
Magherafelt 1:15 1:15 1
Newtownards 6:00 6:00 1
Newry 6:02 2:01 3
Omagh 7:40 0:51 9
Venue total 868:24 1:49 477
High Court Matrimonial 3:50 1:55 2
Office of Care and Protection 955:41 1:57 490
Venue total 959:31 1:57 492
Northern Ireland 4479:05 2:31 1783

A court sitting is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers. Children Order sittings refer to a sitting where any Children Order business is heard. Total Children Order time includes all time spent on Children Order business. High Court Judges, county court judges and district judges (magistrates’ court) sit on Children Order business.

Part G Miscellaneous

This section covers the caseload from Enforcement of Judgments Office (EJO), Social Security Commissioners and Child Support Commissioners and Coroners Service for Northern Ireland.

Key facts during 2009

Figure G.1: Social Security Commissioners – Applications and Appeals Lodged 2005-2009

Year Applications Lodged Appeals Lodged
2005 169 61
2006 210 73
2007 189 62
2008 167 66
2009 261 99

Section 1: Enforcement of Judgments Office

Since the early 1970s, the task of enforcing civil judgments in Northern Ireland has been simplified by the creation of the Enforcement of Judgments Office (EJO), which operates under the supervision of the Master (Enforcement of Judgments), assisted by the Chief Enforcement Officer. In 2009, 16,700 notices of intention to enforce were lodged and 8,964 applications for enforcement were accepted (Table G.1).

Table G.1: Enforcement orders made and applications for enforcement in 2009
Method of search  
By EJO staff 1145
On-line (by customers) 47423
Notices of intention:  
Notices Issued 16700
Applications for enforcement:  
Applications accepted 8964
Types of application  
Article 23 discovery 829
Money judgment 6559
Possession judgment 1571
Possession of Goods 5
Total 8964

Table G.2 shows the ‘Debt Ratio’ which is the amount of debt recovered for every £1 paid in enforcement fees.

Table G.2: Money judgments and debt ratio in 2009
Original debt lodged £20,236,035.59
EJO fees paid £2,682,246.40
Total debt registered £22,918,281.99
Total debt recovered £5,115,299.44
% of debt recovered 22.32%
Debt ratio £1.91

A possession file is deemed ‘completed’ when –

Table G.3 shows that during the year, 897 cases were completed.

Table G.3 Possession judgments in 2009
Evictions completed 452
Cases withdrawn 89
Arrangement in place (case held) 356
Total 897

Section 2: Social Security Commissioners and Child Support Commissioners and Pension Appeals Tribunals

There were 261 applications for leave to appeal to the Social Security Commissioners lodged during 2009, 94 more than the 167 lodged during 2008. There were 188 applications for leave cleared in 2009 compared with 162 cleared during 2008 (Table G.4).

Table G.4: Social Security Commissioners’ applications for leave to appeal to the Commissioners in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 261 6 182 188

The number of appeals to the Commissioners lodged increased by 50% from 66 in 2008 to 99 in 2009. In total, 96 were cleared in 2009 compared with 48 in 2008 (Table G.5).

Table G.5: Social Security Commissioners’ appeals to the Commissioners in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 99 17 79 96

Table G.6 shows the number of applications to the Commissioners for leave to appeal to the Court of Appeal in 2009.

Table G.6: Social Security Commissioners’ Applications to the Commissioners for leave to appeal to the Court of Appeal in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 1 0 0 0

Tables G.7 to G.13 show the caseload of Pensions Appeal Tribunals in 2009. 71 entitlement appeals and 129 assessment appeals were dealt with in 2009. The majority of assessment appeals (57%) were dealt with after a hearing.

Table G.7: Pensions Appeal Tribunals entitlement appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 91 34 37 71
Table G.8: Pensions Appeal Tribunals assessment appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 134 73 56 129
Table G.9: Pensions Appeal Tribunals specified decision appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 22 14 12 26
Table G.10: Pensions Appeal Tribunals armed forces compensation scheme appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 10 2 3 5
Table G.11: Pensions Appeal Tribunals late appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 31 1 28 29
Table G.12: Pensions Appeal Tribunals jurisdiction appeals in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 2 2 3 5
Table G.13: Pensions Appeal Tribunals leave to appeal applications in 2009
    Cleared
Lodged After hearing Without hearing Total Cleared
2009 0 0 1 1

Section 3: Coroners Service for Northern Ireland

Table G.14 shows the Coroners’ caseload for 2009.

Table G.14: Coroners’ caseload in 2009
Number of deaths reported 4044
Number of inquests held 186
No inquests with post mortem 1382
No inquests and no post mortem 1793
Other disposals of registered entries 889

Appendix 1: Judge court sitting days

Judge type Business area[1] Sitting days
High Court Judge Crown 439
Queen’s Bench 598
Children Order 211
Other Family 152
Appeals 13
Chancery 214
Bails 334
Callover 1
Judicial Reviews 274
Court of Appeal - Civil 114
Court of Appeal - Criminal 53
Total 2403
 
County Court Judge Crown Court 1847
County court judge day 1244
District Judge County court judge day 99
District judge day 471
Deputy District Judge District judge day 209
Deputy County Court Judge County court judge day 84
Total 3954
 
District Judge (Magistrates’ Court) Criminal 3467
Youth 551
Civil/Family 995
Total 5013
 
Social Security Commissioners Oral hearings 26
Total 26
 
Total number of sitting days 11396

[1] Days are classified on the basis of the majority business undertaken. A court sitting day is counted as any day where the judiciary sit in court. It does not include time in chambers or days where the judiciary are sitting in chambers.

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Northern Ireland Courts and Tribunals Service
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