Northern Ireland law
Encyclopedia
Northern Ireland law refers to the legal system of statute
and common law
operating in Northern Ireland
since Northern Ireland was established as a separate jurisdiction within the United Kingdom
in 1921.
Northern Ireland is a common law
jurisdiction. Although its common law is similar to that in England, and partially derives from the same sources, there are some important differences in law and procedure between Northern Ireland and England and Wales.
The current statute law of Northern Ireland comprises those Acts
of the Parliament of the United Kingdom
that apply to Northern Ireland and Acts of the Northern Ireland Assembly
, as well as statutory instruments made by departments of the Northern Ireland Executive
and the UK Government. Also remaining on the statute books are many Acts of the Parliament of Northern Ireland
passed between 1921 and 1972, certain Acts of the Parliament of Ireland
made before the Act of Union 1800
, and Acts of the Parliament of England
, and of the Parliament of Great Britain
, extended to Ireland under Poynings' Law between 1494 and 1782.
:
See personation
:
See cheating
:
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
operating 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...
since Northern Ireland was established as a separate jurisdiction within the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1921.
Background
For the purposes of private international law the United Kingdom is divided into three distinct legal jurisdictions:- English lawEnglish lawEnglish law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
in England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
; - Northern Ireland law in Northern IrelandNorthern IrelandNorthern 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...
; - Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
in ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Northern Ireland is a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction. Although its common law is similar to that in England, and partially derives from the same sources, there are some important differences in law and procedure between Northern Ireland and England and Wales.
The current statute law of Northern Ireland comprises those Acts
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that apply to Northern Ireland and Acts of the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
, as well as statutory instruments made by departments of the Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...
and the UK Government. Also remaining on the statute books are many Acts of the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
passed between 1921 and 1972, certain Acts of the Parliament of Ireland
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
made before the Act of Union 1800
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
, and Acts of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, and of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, extended to Ireland under Poynings' Law between 1494 and 1782.
Offences against the person
- Child destruction
Sexual Offences
Non-fatal non-sexual offences
Offences against property
Forgery, personation and cheating
See forgeryForgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
:
See personation
Personation
Personation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
:
See cheating
Cheating (law)
At law, cheating is a specific criminal offence relating to property.Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute....
:
Offences against the State or Crown or Government and political offences
- High treasonHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Misprision of treasonMisprision of treasonMisprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...
- Compounding treasonCompounding treasonCompounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason.It is still an offence in England and Wales, and in Northern Ireland...
- Treason felony
- Attempting to injure or alarm the Sovereign, contrary to section 2 of the Treason Act 1842Treason Act 1842The Treason Act 1842 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It was passed early in the reign of Queen Victoria...
- Offences under the Official Secrets Acts 1911 to 1989
- Offences under the Incitement to Disaffection Act 1934Incitement to Disaffection Act 1934The Incitement to Disaffection Act 1934 is an Act of the Parliament of the United Kingdom that made it an offence to endeavour to seduce a member of HM Forces from his "duty or allegiance to His Majesty", thus expanding the ambit of the law....
- Causing disaffection, contrary to section 68 of the Police (Northern Ireland) Act 1998
- Incitement to sedition or disaffection or promoting industrial unrest, contrary to section 3 of the Aliens Restriction (Amendment) Act 1919
- Offences relating to terrorism
- Offences under section 1 of the Unlawful Drilling Act 1819Unlawful Drilling Act 1819The Unlawful Drilling Act 1819 , also known as the Training Prevention Act is an Act of the Parliament of the United Kingdom. It was one of the Six Acts passed after the Peterloo massacre....
- Piracy iure gentium
- Piracy with violence, contrary to the Piracy Act 1837Piracy Act 1837The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death...
- Offences under the Slave Trade Act 1824Slave Trade Act 1824The Slave Trade Act 1824 was an Act of the Parliament of the United Kingdom to "amend and consolidate the Laws relating to the Abolition of the Slave Trade."Section 9 of this Act created a death penalty...
- Offences under the Foreign Enlistment Act 1870Foreign Enlistment Act 1870The Foreign Enlistment Act 1870 is an Act of Parliament of the Parliament of the United Kingdom that seeks to regulate mercenary activities of British citizens.It received the royal assent on 9 August 1870.-Background:...
- Offences under the Immigration Act 1971Immigration Act 1971The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
- Coinage offences under Part II of the Forgery and Counterfeiting Act 1981Forgery and Counterfeiting Act 1981The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
- Offences relating to public stores under the Public Stores Act 1875
- Offences against postal and electronic communication services
- Misconduct in public office
- Refusal to execute public office
- Offences of selling public offices under the Sale of Offices Act 1551 and Sale of Offices Act 1809 (see section 1 thereof)
- Cheating the public revenue
- Offences under the Customs and Excise Management Act 1979
- Tax evasion and money laundering offences
Offences against public morals and public policy
- Bigamy
Participatory offences
Participatory offences include aiding, abetting, counseling, or procuring the act of some crime or conspiracy. It also includes being an accomplice to criminal behavior.Legislatures
- Parliament of the United KingdomParliament of the United KingdomThe Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
- Northern Ireland AssemblyNorthern Ireland AssemblyThe Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
(current) - Northern Ireland AssemblyNorthern Ireland Assembly (1973)The Northern Ireland Assembly was a legislative assembly set up by the Government of the United Kingdom on 3 May 1973 to restore devolved government to Northern Ireland with the power-sharing Northern Ireland Executive made up of unionists and nationalists....
(1973–1974) (legislative power in 1974 only) - Parliament of Northern IrelandParliament of Northern IrelandThe Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
(1921–1973) (prorogued 1972-73)
Legal system
- Courts of Northern IrelandCourts of Northern IrelandThe 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....
- Northern Ireland Courts and Tribunals Service
- Attorney General for Northern IrelandAttorney General for Northern IrelandThe Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
- Advocate General for Northern IrelandAdvocate General for Northern IrelandThe Advocate General for Northern Ireland is the chief legal adviser to the UK Government on Northern Ireland law and the post is held by the Attorney General for England and Wales by virtue of that office...
- Public Prosecution Service for Northern IrelandPublic Prosecution Service for Northern IrelandThe Public Prosecution Service for Northern Ireland is the department of the Northern Ireland Office responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland...
Policing
- Police Service of Northern IrelandPolice Service of Northern IrelandThe Police Service of Northern Ireland is the police force that serves Northern Ireland. It is the successor to the Royal Ulster Constabulary which, in turn, was the successor to the Royal Irish Constabulary in Northern Ireland....
- Police Ombudsman for Northern Ireland
- Northern Ireland Policing BoardNorthern Ireland Policing BoardThe Northern Ireland Policing Board is the police authority for Northern Ireland, charged with supervising the activities of the Police Service of Northern Ireland...
Legislation
- List of Acts of the Parliament of Northern Ireland
- List of Acts of the Northern Ireland Assembly
- List of statutory rules of Northern Ireland
- List of Orders in Council for Northern Ireland
Further reading
- Britain's Legal Systems, Central Office of InformationCentral Office of InformationThe Central Office of Information is the UK government's marketing and communications agency. Its Chief Executive, currently Mark Lund, reports to the Minister for the Cabinet Office...
, 1997, ISBN 0117017132 - Criminal Justice Systems in Europe, Bo Svensson, 1995, ISBN 9138304821
- Law and State: The Case of Northern Ireland, Kevin Boyle, Tom Hadden and Paddy Hillyard, 1975
- The Legal System of Northern Ireland, Brice DicksonBrice DicksonProfessor Brice Dickson, a barrister from Northern Ireland, is Professor of International and Comparative Law at the School of Law, Queen's University Belfast. Formerly Professor of Law at the University of Ulster, he became the first Chief Commissioner of the Northern Ireland Human Rights...
, (5th edition) 2005, Belfast: SLS Legal Publications, ISBN 0853898847
External links
- The judicial system in Northern Ireland, by DirectgovDirectgovDirectgov is the UK government's digital service for people in the United Kingdom, providing a single point of access to public sector information and services.The content is developed by government departments, working with a central Directgov team...
- PDF - Northern Ireland law - Law Library Guide, Queen's University, Belfast
- British and Irish Legal Information Institute
- legal-island.com
- Law Centre (NI)