Assizes (Ireland)
Encyclopedia
The Courts of Assizes or Assizes were the higher criminal court
in Ireland
outside Dublin prior to 1924 (and continued in Northern Ireland
until 1978). They have now been abolished in both jurisdictions.
and murder. Persons accused of these crimes would first come before the Petty Sessions
, where a justice of the peace
or resident magistrate
would decide if there was sufficient evidence to justify a trial. If such evidence existed, the magistrate would issue a bill of indictment
and refer to matter to a Grand Jury
, which would decide if the bill was correct and supported by evidence, issuing an indictment.
The Assizes themselves consisted of a judge of the Court of King's Bench, or after the Judicature (Ireland) Acts, the High Court of Justice in Ireland, sitting with a petty jury.
the Assizes were abolished under the Courts of Justice Act, 1924. However, murder, rape and treason
(the latter is now extremely rarely prosecuted) must still be heard by a High Court judge and a jury. When this court sits in Dublin, it is called the Central Criminal Court, when it sits (twice yearly) elsewhere it is the High Court on Circuit. Less serious indictable offences are heard by the Circuit Court
.
, the jurisdiction of the High Court of Justice was transferred in Northern Ireland to the High Court of Northern Ireland and judges of that Court now sat at Assizes. The Assizes were abolished under the Judicature (Northern Ireland) Act 1978 and replaced by a single Crown Court in Northern Ireland
.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
outside Dublin prior to 1924 (and continued in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
until 1978). They have now been abolished in both jurisdictions.
Jurisdiction
The Assizes had jurisdiction outside Dublin over the most serious criminal offences, such as treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
and murder. Persons accused of these crimes would first come before the Petty Sessions
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
, where a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
or resident magistrate
Resident Magistrate
A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel - notably well versed in the law - brought into an area from outside as the local magistrate,...
would decide if there was sufficient evidence to justify a trial. If such evidence existed, the magistrate would issue a bill of indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
and refer to matter to a Grand Jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
, which would decide if the bill was correct and supported by evidence, issuing an indictment.
The Assizes themselves consisted of a judge of the Court of King's Bench, or after the Judicature (Ireland) Acts, the High Court of Justice in Ireland, sitting with a petty jury.
Republic of Ireland
In the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
the Assizes were abolished under the Courts of Justice Act, 1924. However, murder, rape and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
(the latter is now extremely rarely prosecuted) must still be heard by a High Court judge and a jury. When this court sits in Dublin, it is called the Central Criminal Court, when it sits (twice yearly) elsewhere it is the High Court on Circuit. Less serious indictable offences are heard by the Circuit Court
Circuit Court (Ireland)
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
.
Northern Ireland
After the partition of IrelandPartition of Ireland
The partition of Ireland was the division of the island of Ireland into two distinct territories, now Northern Ireland and the Republic of Ireland . Partition occurred when the British Parliament passed the Government of Ireland Act 1920...
, the jurisdiction of the High Court of Justice was transferred in Northern Ireland to the High Court of Northern Ireland and judges of that Court now sat at Assizes. The Assizes were abolished under the Judicature (Northern Ireland) Act 1978 and replaced by a single Crown Court in Northern Ireland
Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law....
.