Judicature (Northern Ireland) Act 1978

• Citation: 1978 c. 23
• Sections: 182

Section 1 The Court of Judicature .

There shall be a Court of Judicature of Northern Ireland (in this Act referred to as “ the Court of Judicature ”) which shall consist of—

(a) Her Majesty’s High Court of Justice in Northern Ireland (in this Act referred to as “ the High Court ”);

(b) Her Majesty’s Court of Appeal in Northern Ireland (in this Act referred to as “ the Court of Appeal ”); and

(c) Her Majesty’s Crown Court in Northern Ireland (in this Act referred to as “ the Crown Court ”),

with such jurisdiction as is respectively conferred on those courts by this Act or by any other statutory provision.

Section 2 The High Court.

(1) The High Court shall consist of the Lord Chief Justice of Northern Ireland (in this Act referred to as “ the Lord Chief Justice ”) . . . and not more than fifteen puisne judges who shall be styled “ Judges of the High Court.”

(2) All the judges of the High Court shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the High Court of Justice in Northern Ireland were customarily addressed heretofore.

(3) The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the maximum number of puisne judges.

(4) Part 3 of Schedule 3 to the Justice (Northern Ireland) Act 2002 does not apply in relation to puisne judges.

Section 3 The Court of Appeal.

(1) The Court of Appeal shall consist of the Lord Chief Justice . . . and three other judges who shall be styled “Lords Justices of Appeal”.

(2) Every judge of the High Court shall be a judge of the Court of Appeal for the purposes of its jurisdiction in a criminal cause or matter and for those purposes shall have all the jurisdiction of a judge of the Court of Appeal.

(3) All the judges of the Court of Appeal shall, save as in this Act otherwise expressly provided, have in all respects equal jurisdiction and shall be addressed in the manner in which judges of the Court of Appeal in Northern Ireland were customarily addressed heretofore.

(4) The Department of Justice may, with the agreement of the Northern Ireland Judicial Appointments Commission, by order from time to time amend subsection (1) so as to vary the number of Lords Justices of Appeal.

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(6) The Department of Justice may by order from time to time create divisions or additional divisions of the Court of Appeal or provide any division be abolished; and any such order—

(a) may contain such provision as may appear to the Department to be necessary or proper for that purpose; and

(b) may amend or repeal any statutory provision (including any provision of this Act) so far as it appears to the Department to be necessary or expedient in consequence of the order.

Section 4 The Crown Court.

(1) There shall be a Crown Court in Northern Ireland whose jurisdiction shall be exercisable by the Lord Chief Justice ..., any judge of the High Court or the Court of Appeal or any county court judge.

(2) The persons mentioned in subsection (1) shall, when exercising the jurisdiction of the Crown Court, be judges of the Crown Court but a county court judge shall not, except when exercising such jurisdiction, be deemed to be a judge of the Court of Judicature .

(3) In any statutory provision relating to the Crown Court (including a provision of this Act) references to a judge of the High Court shall include references to a judge of the Court of Appeal.

Section 5 Divisions of the High Court.

(1) There shall be three divisions of the High Court, namely—

(a) the Chancery Division;

(b) the Queen’s Bench Division; and

(c) the Family Division.

(2) The Department of Justice may by order from time to time create additional divisions of the High Court or provide that any division be abolished and any such order may contain such provision as may be necessary or proper for that purpose.

(3) A judge of the High Court may sit in any division.

(4) Without prejudice to any statutory provision relating to or affecting the distribution of business in the High Court, all jurisdiction vested in the High Court shall belong to all the divisions alike.

Section 6 Judges of one court empowered to assist another.

(1) A Lord Justice of Appeal may at any time at the request of the Lord Chief Justice sit and act as a judge of the High Court.

(2) A judge of the High Court shall, if requested to do so by the Lord Chief Justice, sit and act as a judge of the Court of Appeal when that court is exercising jurisdiction other than jurisdiction in a criminal cause or matter.

Section 7 Further assistance for transaction of judicial business.

(1) A person who not being a judge of the High Court or the Court of Appeal—

(a) holds or has held the office of a judge of the Supreme Court and before his appointment to that office was a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature , of at least ten years’ standing ; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may [at anytime] at the request of the Lord Chief Justice sit and act as a judge of the High Court or the Court of Appeal at any time on or before the day on which he attains the age of seventy-five.

(2) A county court judge shall, if requested to do so by the Lord Chief Justice , sit and act as a judge of the High Court.

(3) The Northern Ireland Judicial Appointments Commission may appoint a person qualified for appointment as a judge of the High Court to sit and act as a judge of the High Court as a temporary measure in order to facilitate the disposal of business in the High Court or the Crown Court.

(4) For any period during which a person who does not hold office as a judge of the Supreme Court or as a county court judge sits and acts under this section the Department of Justice shall pay to him such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

(5) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Section 8 Additional provisions as to persons rendering judicial assistance.

(1) A person may sit and act under section 6 or 7 as a judge of a court for the purpose of a particular case or cases or during a specified period and whether or not all the judges of that court are sitting or are available to sit.

(1A) For this purpose, an appointment under section 7(3) is to be made for—

(a) a particular case or cases determined by the Lord Chief Justice or a person within section 7(5)(a) or (b) nominated by the Lord Chief Justice to make determinations under this paragraph, or

(b) a period specified by the Northern Ireland Judicial Appointments Commission with the agreement of the Department of Justice .

(2) Every person while sitting and acting under section 6 or 7 shall, subject to subsection (3), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is sitting and acting.

(3) A person shall not by virtue of subsection (2) be treated as a judge of the court in which he is sitting and acting for the purposes of any statutory provision relating to—

(a) the appointment, retirement, removal or disqualification of judges of that court;

(b) the tenure of office and oaths to be taken by such judges; or

(c) the remuneration, allowances or pensions of such judges.

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Section 9 Qualification to be judge of High Court or Court of Appeal

A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Court of Judicature of at least ten years’ standing.

Section 10 Judicial precedence.

(1) The Lords Justices of Appeal shall rank among themselves according to the priority of their appointment as judges of the Court of Appeal.

(2) The judges of the High Court shall rank next after the judges of the Court of Appeal and among themselves according to the priority of their appointment as judges of the High Court.

Section 11 Exercise of functions of Lord Chief Justice.

(1) Anything which by virtue of this Act or any other statutory provision is for the time being authorised or required to be done to or by the Lord Chief Justice may, if the Lord Chief Justice is not available because of absence or other reason or if his office is vacant, be done during such unavailability or vacancy to or by the senior Lord Justice of Appeal who is available.

(2) Nothing in subsection (1) shall confer on a Lord Justice of Appeal the power of making a permanent appointment to any office.

Section 12 Appointment of the Lord Chief Justice and Lords Justices of Appeal

(1) Whenever the office of Lord Chief Justice is vacant, Her Majesty may appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.

(2) Her Majesty may, from time to time, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).

(3) Her Majesty's powers of appointment under this section are exercisable on the Prime Minister's recommendation.

(4) The Prime Minister must make a recommendation to fill any vacancy in the office of Lord Chief Justice or Lord Justice of Appeal.

(5) Subsection (4) does not apply to a vacancy in the office of Lord Justice of Appeal while the Lord Chief Justice agrees that it may remain unfilled.

(6) Before making a recommendation, the Prime Minister must consult—

(a) the Lord Chief Justice or, if that office is vacant or the Lord Chief Justice is not available, the senior Lord Justice of Appeal who is available, and

(b) the Northern Ireland Judicial Appointments Commission.

Section 12A Appointment of judges of the High Court

Her Majesty may, from time to time, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).

Section 12B Tenure of office: Lord Chief Justice

(1) The Lord Chief Justice holds office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

(2) Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Chief Justice.

(3) A motion for such an address may be made—

(a) in the House of Commons, only by the Prime Minister;

(b) in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.

(4) No motion is to be made for the purposes of subsection (3) unless—

(a) the Prime Minister has, after consulting the Lord Chancellor, convened a tribunal as set out below, and

(b) the tribunal has reported to the Prime Minister recommending that P be removed from the office on the ground of misbehaviour.

(5) No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

(6) No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

(7) If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may suspend P from the office.

(8) If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

(9) A tribunal is to consist of—

(a) a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

(b) a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

(c) a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).

(10) The persons within subsection (9)(a) and (b) are to be selected by the Lord Chancellor after consulting—

(a) the President of the Supreme Court of the United Kingdom,

(b) the Lord Chief Justice of England and Wales, and

(c) the Lord President of the Court of Session;

(or, where an office is vacant or an office holder is not available, some other appropriate person).

(11) The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

(12) The person within subsection (9)(a) is to be the chair of the tribunal.

(13) The tribunal's procedure is to be determined by the chair.

(14) The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

(15) Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(a) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

Section 12C Tenure of office: Lords Justices of Appeal and certain High Court judges

(1) Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of ... the Judicial Pensions and Retirement Act 1993).

(2) Her Majesty may, on an address of both Houses of Parliament, remove a person (“P”) from office as Lord Justice of Appeal or judge of the High Court.

(3) A motion for such an address may be made—

(a) in the House of Commons, only by the Prime Minister;

(b) in the House of Lords, only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, only by another Minister of the Crown at the Lord Chancellor's request.

(4) No motion is to be made for the purposes of subsection (3) unless—

(a) the Lord Chief Justice or the Northern Ireland Judicial Appointments Ombudsman has, after consulting the other, convened a tribunal as set out below,

(b) the tribunal has reported to the Lord Chief Justice recommending that P be removed from the office on the ground of misbehaviour, and

(c) the following has occurred—

(i) the Lord Chief Justice has advised the Prime Minister and the Lord Chancellor to accept the tribunal's recommendation, or

(ii) if the Lord Chief Justice does not so advise, the Prime Minister and the Lord Chancellor have consulted the Lord Chief Justice about the recommendation.

(5) No motion is to be made in the House of Commons for the purposes of subsection (3) unless the Prime Minister has laid a copy of the tribunal's report before that House.

(6) No motion is to be made in the House of Lords for the purposes of subsection (3) unless the person making it has laid a copy of the tribunal's report before that House.

(7) If the Prime Minister and the Lord Chancellor are considering the making of motions for the purposes of subsection (3), the Prime Minister may, with the agreement of the Lord Chief Justice, suspend P from the office.

(8) If P is suspended, P may not carry out any functions of the office (but P's other rights as holder of the office are unaffected).

(9) A tribunal is to consist of—

(a) a person who holds high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) and who does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

(b) a person who is or has been a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

(c) a lay member of the Northern Ireland Judicial Appointments Commission (see section 3(5)(c) of the Justice (Northern Ireland) Act 2002).

(10) The persons within subsection (9)(a) and (b) are to be selected by the Lord Chief Justice after consulting—

(a) the Lord Chancellor,

(b) the President of the Supreme Court of the United Kingdom,

(c) the Lord Chief Justice of England and Wales, and

(d) the Lord President of the Court of Session;

(or, where an office is vacant or an office holder is not available, some other appropriate person).

(11) The person within subsection (9)(c) is to be selected by the Northern Ireland Judicial Appointments Ombudsman.

(12) The person within subsection (9)(a) is to be the chair of the tribunal.

(13) The tribunal's procedure is to be determined by the Lord Chief Justice.

(14) If the tribunal recommends as mentioned in subsection (4)(b), the Lord Chief Justice must send the Prime Minister and the Lord Chancellor—

(a) a copy of the tribunal's report,

(b) any comments that the Lord Chief Justice wishes to make on the report, and

(c) any comments that the Northern Ireland Judicial Appointments Ombudsman wishes to make on the report.

(15) The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

(16) Nothing in subsections (1) to (15) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).

(17) Before the coming into force of section 23 of the Constitutional Reform Act 2005, in subsection (10)(b) the reference to the President of the Supreme Court of the United Kingdom is to be read as a reference to the senior Lord of Appeal in Ordinary.

Section 13 Tenure of office, oath, etc.

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Section 14 Vacation of office.

(1) The Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court may vacate his office by resignation in writing under his hand addressed to Her Majesty .

(2) The High Court and the Court of Appeal shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of either court.

(3) Nothing in subsection (1) shall affect the operation of section 12 of the Administration of Justice Act 1973 (retirement of higher judiciary in the event of incapacity).

Section 15 Power of judges to act in cases relating to rates and taxes.

(1) The Lord Chief Justice, a Lord Justice of Appeal, a judge of the High Court or a judge of the Crown Court shall not be incapable of acting in his judicial office in any proceeding by reason of his being as one of several ratepayers or as one of any other class of persons liable, in common with others, to contribute to or eligible to be benefited by any rate or tax which may be increased, diminished or in any way affected by that proceeding.

(2) In this section the expression “ rate or tax ” means any rate, tax, duty or assessment whether public, general or local, and also any fund formed from the proceeds of any such rate, tax, duty or assessment, or applicable to the purposes to which any such rate, tax, duty or assessment might be applied or similar purposes.

Section 16 General jurisdiction of the High Court and its judges.

(1) The High Court shall be a superior court of record.

(2) There shall, subject to the provisions of this Act, be exercisable by the High Court—

(a) all such jurisdiction as was heretofore capable of being exercised by the High Court of Justice in Northern Ireland;

(b) such other jurisdiction as is conferred by this Act or as may from time to time be conferred on the High Court by any subsequent statutory provision.

(3) The jurisdiction vested in the High Court shall, save as provided by this Act, include the jurisdiction heretofore capable of being exercised by the High Court of Justice in Northern Ireland or by any division or judge or officer thereof in pursuance of any statutory provision, prerogative, law or custom and also all ministerial and other powers, duties and authorities incident to any and every part of the jurisdiction so vested.

(4) In addition to the jurisdiction and functions exercisable by him under or by virtue of any other provision of this Act, the Lord Chief Justice may, save as provided by this Act, exercise all the jurisdiction and ministerial and other powers, duties and authorities which, in pursuance of any statutory provision, prerogative, law or custom, were heretofore capable of being exercised by the Lord Chief Justice of Northern Ireland otherwise than as a judge of the High Court or Court of Appeal.

(5) Except where a statutory provision otherwise provides, any jurisdiction of the High Court or a division thereof shall be exercised by a single judge.

(6) The generality of this section is not limited by any other provision of this Act.

Section 17 Assignment of business to judges.

Without prejudice to section 5(3), the Lord Chief Justice may assign to any judge of the High Court any part of the business of that court or of any division thereof and, in particular, may assign to such a judge, to be known as the Chancery Judge, the whole or any part of the business of the Chancery Division.

Section 18 Application for judicial review.

(1) Rules of court shall provide for a procedure, to be known as an application for judicial review, under which application may be made to the High Court for one or more of the following forms of relief, that is to say, relief by way of—

(a) an order of mandamus;

(b) an order of certiorari;

(c) an order of prohibition;

(d) a declaration;

(e) an injunction.

(2) Without prejudice to the generality of subsection (1), the rules shall provide—

(a) that leave of the court shall be obtained before any application for judicial review, other than an application for an order of certiorari by the Attorney General acting on behalf of the Crown, is made;

(b) that such leave shall not be granted if, having regard to the nature of the persons and bodies against whom relief may be granted by way of an order of mandamus, prohibition or certiorari, the court is satisfied that the case is one in respect of which of which relief could not be granted by way of any such order;

(c) that, where leave is so obtained, the grounds relied on and the relief granted shall only be one or more of those specified in the application;

(d) that the court may direct, or grant leave for, the application to be amended to specify different or additional grounds or relief; and

(e) that the court may, subject to subsection (6), direct pleadings to be delivered or authorise or require oral evidence to be given where this appears to the court to be necessary or desirable.

(3) On an application for judicial review the court may grant any of the forms of relief mentioned in subsection (1)(a) to (e) which the applicant has claimed and to which he appears to be entitled whether or not he appears to be entitled to any of the other forms of relief so mentioned, whether claimed or not.

(4) The court shall not grant any relief on an application for judicial review unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(5) Without prejudice to section 25 of this Act or to Article 159 of the Magistrates’ Courts (Northern Ireland) Order 1981 , where, on an application for judicial review, the court finds that—

(a) the sole ground of relief established is a defect in form or a technical irregularity; and

(b) no substantial wrong and no miscarriage of justice has occurred or no remedial advantage could accrue to the applicant,

the court may refuse relief and, where a lower deciding authority has exercised jurisdiction, may make an order, having effect from such time and on such terms as the court thinks just, validating any decision or determination of the lower deciding authority or any act done in consequence thereof notwithstanding that defect or irregularity.

(6) No return shall be made to orders of mandamus, prohibition or certiorari and no pleadings in prohibition shall be allowed but, subject to any right of appeal, such orders shall be final.

(7) For references in any statutory provision coming into operation as respects Northern Ireland before 15th September 1965 to a writ of mandamus, prohibition or certiorari there shall be substituted references to the corresponding order and for references to the issue or award of any such writ there shall be substituted references to the making of the corresponding order.

Section 19 Stay and interim relief.

On an application for judicial review, the High Court may grant a stay of proceedings or of enforcement of an order or may grant such interim relief as it considers appropriate pending final determination of the application.

Section 20 Damages.

In proceedings on an application for judicial review the High Court may, in lieu of or in addition to any other relief, award damages to an applicant, if—

(a) he has, in accordance with rules of court, joined with his application a claim for damages arising from any matter to which the application relates; and

(b) the court is satisfied that, if such claim had been made in a separate action begun by the applicant at the time of making his application, he would have been entitled to such damages.

Section 21 Power to remit matter or reverse or vary decision.

Without prejudice to section 18(5), where on an application for judicial review—

(a) the relief sought is an order of certiorari; and

(b) the High Court is satisfied that there are grounds for quashing the decision in issue,

the court may, instead of quashing the decision, remit the matter to the lower deciding authority concerned, with a direction to reconsider it and reach a decision in accordance with the ruling of the court or may reverse or vary the decision of the lower deciding authority.

Section 22 Extension of supervisory powers of High Court.

(1) Any statutory provision to the effect that any order or determination shall not be called into question in any court, or which by similar words excludes any of the powers of the High Court, shall not operate so as to—

(a) prevent the removal of the proceedings into the High Court by order of certiorari; or

(b) prejudice the powers of the High Court to make orders of mandamus.

(2) This section does not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any statutory provision specially authorising applications to the High Court within a time limited by that provision; or

(c) a statutory provision passed or made on or after 1st August 1958.

Section 23 Declaratory judgments.

(1) No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby.

(2) The High Court may make binding declarations of right in any action or other proceeding whether or not any consequential relief is or could be claimed therein.

(3) Notwithstanding that the events on which a right depends may not have occurred, the High Court may in its discretion make a binding declaration of right if it is satisfied that—

(a) the question for decision involves a point of general public importance or that it would in the circumstances be unjust or inconvenient to withhold the declaration; and

(b) the interests of persons not parties to the proceedings would not be unjustly prejudiced by the declaration.

Section 24 Injunction concerning public office.

(1) Where a person is acting or has acted in an office to which this section applies without being entitled so to act, the High Court, on an application under this section, may—

(a) grant an injunction restraining him from so acting;

(b) declare the office to be vacant.

(2) This section applies to any substantive office of a public nature and permanent character which is held under the Crown or has been created by or under a statutory provision or royal charter.

Section 25 Power of High Court to vary sentence on certiorari.

(1) Where a person has been sentenced for an offence by a magistrates’ court or, on appeal, by a county court and an application is made to the High Court for an order of certiorari to remove the proceedings of the magistrates’ court or the county court into the High Court, and the High Court determines that the magistrates’ court or county court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court had power to impose.

(2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or county court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings.

(3) Subsections (1) and (2) shall apply, with the necessary modifications, in relation to any order of a magistrates’ court or county court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence.

(4) The High Court may release from custody a person who has been convicted or sentenced by a magistrates’ court or, on appeal, by a county court and has applied to the High Court for an order of certiorari to remove the proceedings of the magistrates’ court or the county court into the High Court on his entering into a recognizance, with or without sureties, conditioned for his appearance within ten days after the judgment of the High Court is given, unless the conviction or sentence is quashed by that judgment.

(5) The time during which a person is admitted to bail under this section shall not count as any term of imprisonment or detention under his sentence, and any sentence of imprisonment or detention imposed by a magistrates’ court or, on appeal, by a county court after the imposition of which a person is so admitted to bail shall be deemed to begin to run or to be resumed as from the date on which he is received under the sentence in the prison or other place where he is to be detained.

(6) Rules of court may prescribe the persons before whom and the manner in which a recognizance under subsection (4) shall be entered into by a person applying for an order of certiorari and the manner in which such a recognizance may be enforced and may authorise the recommittal of persons so applying.

Section 25A Transfer of judicial review applications to Upper Tribunal

(1) This section applies where an application is made to the High Court—

(a) for judicial review, or

(b) for leave to apply for judicial review.

(2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.

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(3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4) Condition 1 is that the application does not seek anything other than—

(a) relief under section 18(1)(a) to (e);

(b) leave to apply for relief under section 18(1)(a) to (e);

(c) an award under section 20;

(d) interest;

(e) costs.

(5) Condition 2 is that the application does not call into question anything done by the Crown Court.

(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

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Section 26 Wards of court.

(1) Subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the High Court.

(2) Where application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the expiration of such period as may be prescribed, unless within that period an order has been made in accordance with the application.

(2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by Article 2(2) of the Children (Northern Ireland) Order 1995).

(3) The High Court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court.

(4) The power of the High Court to make a minor a ward of court or to make an order in relation to a minor who is a ward of court may be exercised irrespective of whether or not the minor has property of any kind.

Section 29 Co-ordination of exercise of jurisdiction in relation to persons under disability.

(1) Rules of court may make provision for ensuring that where—

(a) a cause or matter affecting a person under a disability of any kind is brought before a judge of the High Court other than a judge (“the assigned judge”) to whom causes or matters particularly affecting persons under a disability of that kind are assigned; or

(b) any question affecting such a person arises in a cause or matter so brought:

any conflict between the exercise of jurisdiction by the judge seised of the proceedings (“the seised judge”) and the assigned judge is avoided and the exercise of those jurisdictions is co-ordinated.

(2) For example, in relation to minors the rules may make provision for the purposes of—

(a) enabling the seised judge to make an order making a minor a ward of court, if he considers it proper to do so, and to transfer the cause or matter to the assigned judge;

(b) enabling or requiring the seised judge to refer the question of wardship to the assigned judge;

(c) empowering the seised judge, where a question arising in the proceedings affects the welfare (including upbringing ) or property of a minor who is already a ward of court, either—

(i) to refer the question to the assigned judge, or

(ii) to make such order as he considers necessary to dispose of the question (not being an order which conflicts with an order previously made in wardship proceedings affecting the minor),

and enabling an order made by virtue of sub-paragraph (ii) to be varied or discharged;

(d) requiring the seised judge—

(i) when he makes an order and transfers a cause or matter as mentioned in paragraph (a), or

(ii) when he makes a reference as mentioned in paragraph (b), or

(iii) when he makes a reference or order as mentioned in paragraph (c),

to furnish to the assigned judge a report on the relevant facts and proceedings together with such observations and recommendations as he thinks fit;

(e) empowering the assigned judge, on a cause or matter being transferred to him or a question being referred to him, to proceed as though it had originated before him.

(3) Rules of court shall provide for the transmission to the Office of Care and Protection of a copy of an order made by the seised judge—

(a) which relates to a person under a disability which brings him within the jurisdiction of that Office;

(b) which makes a minor a ward of court; or

(c) which the judge directs be so transmitted.

Section 30 High Court to have exclusive original jurisdiction in admiralty.

The High Court shall, subject to section 46(3), have exclusive original jurisdiction in admiralty and, accordingly, a county court shall not have jurisdiction to hear any admiralty cause or matter and the admiralty jurisdiction conferred on the Court of the Recorder of Belfast by section 55 of, and Part I of Schedule 1 to, the Administration of Justice Act 1956 is hereby abolished.

Section 31 Remittal and removal of proceedings.

(1) The High Court may in accordance with rules of court at any stage remit to a county court the whole or any part of any civil proceedings to which this subsection applies if—

(a) the parties consent to the remittal thereof;

(b) the court is satisfied upon the application of any party to proceedings involving an unliquidated claim that the full amount of that claim is likely to be within the monetary limit of the jurisdiction of the county court;

(c) the court is satisfied, whether upon the application of any party or otherwise, that the subject matter of the proceedings (not being an unliquidated claim) is or is likely to be within the limits of the jurisdiction of the county court; or

(d) the claimant abandons the right to recover any amount in excess of the monetary limit of the jurisdiction of the county court,

and in any such case the court is of the opinion that in all the circumstances the proceedings may properly be heard and determined in the county court.

(2) Subsection (1) applies to civil proceedings commenced in the High Court of a kind which the county court would, apart from any limitation by reason of amount or value or annual value, have jurisdiction to hear and determine if commenced in that court.

(3) Proceedings remitted under this section shall be remitted to such county court as the High Court may specify, being either a county court in which the proceedings could, apart from any limitation by reason of amount or value or annual value, have been commenced or, with the concurrence of the parties, any other county court appearing to the High Court to be convenient.

(4) Where proceedings are remitted to a county court under this section, the county court shall have jurisdiction to hear and determine those proceedings and—

(a) the county court shall have the like jurisdiction as the High Court as to the giving of any relief claimed, including (but without prejudice to the generality of this provision) the amount of damages that may be awarded; and

(b) the parties to the proceedings shall have the like right of appeal as if the proceedings had been commenced in the county court.

(5) The High Court may in accordance with rules of court at any stage remove to that court from a county court and hear and determine the whole or any part of any civil proceedings which could have been commenced in the High Court but have been commenced in that county court if—

(a) the parties consent to the removal thereof; or

(b) on the application of any party the court is satisfied that there is a triable issue,

and in either such case the court is of opinion that, by reason of the nature of the proceedings, the amount of the claim or the value or annual value of the subject matter, the proceedings are not within the jurisdiction of the county court or that the proceedings could in all the circumstances be more appropriately heard and determined in the High Court.

(6) The High Court may require any party on whose application any proceedings are removed to that court to give security of such nature and amount as that court may by order direct.

(7) This section shall not apply to the following proceedings, namely—

(a) applications for adoption orders (including provisional adoption orders);

(b) applications under section 17 of the Married Women’s Property Act 1882 or section 191 of the Civil Partnership Act 2004 ;

(c) proceedings under section 57 of the Trustee Act (Northern Ireland) 1958;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This section shall apply to proceedings by and against the Crown, but—

(a) in its application to proceedings against the Crown this section shall have effect subject to the provisions of section 20(2) of the Crown Proceedings Act 1947 as they extend to Northern Ireland;

(b) nothing in subsection (6) shall have effect so as to require or to authorise the making of an order requiring security to be given by the Crown;

(c) no proceedings by the Crown shall be remitted to a county court without the consent of the Crown;

(d) nothing in this section shall apply to proceedings affecting Her Majesty in Her private capacity.

(9) For the purposes of this section—

(a) the amount of a claim shall be taken as the amount remaining in dispute after allowance has been made for any payment, set off or other amount admitted by tender or otherwise to be due and after any abandonment by the claimant of any amount by which the sum claimed exceeds the monetary limit of the jurisdiction of the county court;

(b) the full amount of an unliquidated claim shall be taken as the amount which would be recoverable if no deduction were made in respect of the claimant’s own fault;

(c) in determining whether an amount exceeds the monetary limit of the jurisdiction of the county court, no account shall be taken of any power exercisable by virtue of Article 45A of the County Courts (Northern Ireland) Order 1980 or of any order made in the exercise of such a power;

(d) “ proceedings ” includes proceedings on a counterclaim; and

(e) “ the Crown ” includes the Crown in right of Her Majesty’s Government in the United Kingdom and in right of Her Majesty’s Government in Northern Ireland.

Section 32 Restriction on institution of vexatious actions.

(1) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior court or tribunal, and whether against the same person or against different persons, the court may, after hearing that person or giving him an opportunity of being heard, order—

(a) that no legal proceedings shall without the leave of the High Court be instituted by him in any court or tribunal;

(b) that any legal proceedings instituted by him in any court or tribunal before the making of the order shall not be continued by him without such leave;

and such leave shall not be given unless the court is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings.

(2) The court may in its discretion assign a solicitor or counsel to any person against whom an order is sought under this section and the expenses of any such solicitor or counsel shall be taxed and paid out of the legal aid fund.

(3) A notice of the making of any order under this section shall be published in the Belfast Gazette.

Section 33 Execution of instruments by order of court.

Where any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, contract or other document or to endorse any negotiable instrument, the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the court may nominate for that purpose, and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

Section 33A Power of High Court to award interest on debts and damages.

(1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—

(i) in the case of any sum paid before judgment, the date of the payment; and

(ii) in the case of the sum for which judgment is given, the date of the judgment.

(2) Subject to the rules or court, where—

(a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and

(b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

(3) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.

(4) Without prejudice to the generality of section 55, rules of court may provide for a rate of interest by reference to a rate for which any other enactment provides.

(5) Interest under this section may be calculated at different rates in respect of different periods.

(6) In this section “ plaintiff ” means the person seeking the debt or damages and “ defendant ” means the person from whom the plaintiff seeks the debt or damages.

(7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

Section 34 General jurisdiction of Court of Appeal.

(1) The Court of Appeal shall be a superior court of record.

(2) There shall, subject to the provisions of this Act, be exercisable by the Court of Appeal—

(a) all such jurisdiction as was heretofore capable of being exercised by the Court of Appeal in Northern Ireland;

(b) all such jurisdiction as was heretofore capable of being exercised by the Court of Criminal Appeal;

(c) such other jurisdiction as is conferred by this Act or as may from time to time be conferred on the Court of Appeal by any subsequent statutory provision.

(3) The Court of Criminal Appeal shall cease to exist and in accordance with the foregoing provisions of this section—

(a) any reference in any statutory provision in force before the commencement of this section to the Court of Criminal Appeal, except where it occurs in a reference to a judge or a registrar of the Court of Criminal Appeal, shall be construed as a reference to the Court of Appeal;

(b) any reference in any such statutory provision to a judge of the Court of Criminal Appeal shall be construed as a reference to a judge of the Court of Appeal or of the High Court;

(c) any reference in any such statutory provision to the registrar of the Court of Criminal Appeal shall be construed as a reference to the Master (Queen’s Bench and Appeals).

(4) The generality of this section is not limited by any other provision of this Act.

Section 35 Appeals to Court of Appeal from High Court.

(1) Subject as otherwise provided in this or any other statutory provision, the Court of Appeal shall have jurisdiction to hear and determine in accordance with rules of court appeals from any judgment or order of the High Court or a judge thereof.

(2) No appeal to the Court of Appeal shall lie—

(a) except as provided by the following provisions of this Part from any judgment of the High Court in any criminal cause or matter;

(b) from an order allowing an extension of time for appealing from a judgment or order;

(c) from an order of a judge giving unconditional leave to defend an action;

(d) from an order or judgment of the High Court or any judge thereof where it is provided by or by virtue of any statutory provision that that order or judgment or the decision or determination upon which it is made or given is to be final;

(e) from a decree absolute for the dissolution or nullity of marriage by a party aggrieved thereby who, having had time and the opportunity to appeal from the decree nisi on which the decree absolute was founded, has not appealed from that decree nisi;

(ea) from a dissolution order or nullity order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order;

(f) without the leave of the court or judge making the order, from an order of the High Court or a judge thereof made with the consent of the parties or as to costs only;

(fa) from a decision of the High Court under Part 1 of the Arbitration Act 1996 in a case where that Part makes provision about appeals from the decision, except in accordance with that provision;

(g) without the leave of the judge or of the Court of Appeal, from any interlocutory order or judgment made or given by a judge of the High Court, except in the following cases namely:—

(i) where the liberty of the subject or the residence of, or contact with, minors is concerned;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) in the case of a decision determining the claim of any creditor or the liability of any contributory or the liability of any director or other officer under the the Companies Acts (as defined in section 2 of the Companies Act 2006 in respect of misfeasance or otherwise;

(iv) in the case of a decree nisi in a matrimonial cause , a conditional order in a civil partnership cause or a judgment or order in an admiralty action determining liability;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) in such other cases as may be prescribed being cases appearing to the Rules Committee to be of the nature of final decisions;

(h) from the decision of the High Court on any question of law, whether on appeal or otherwise, under sections 120 to 156 of the Representation of the People Act 1983 ;

(i) from a decision granting or refusing a certificate under section 12 of the Administration of Justice Act 1969.

(j) without the leave of the High Court or of the Court of Appeal, from a decision of the High Court under the Insolvency (Northern Ireland) Order 1989

(3) An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order within the meaning of this section.

(4) Subject to subsection (3), any doubt which may arise as to what orders or judgments are final and what are interlocutory shall be determined by the Court of Appeal.

(5) Notwithstanding any provision of this section or of any other statutory provision, where any decision of a court in Northern Ireland involves the decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly and the decision is not otherwise subject to any appeal to the Court of Appeal or the Supreme Court an appeal shall lie to the Court of Appeal by virtue of this subsection.

(6) Where under any statutory provision passed or made before the commencement of this Act an appeal, either by way of case stated or upon a point of law only, lies from any lower deciding authority to the High Court or to a judge of the Court of Judicature and the decision of any such court or judge is expressed to be final, such appeal shall lie instead to the Court of Appeal, and the decision of that court shall be final.

Section 36 Composition of Court of Appeal.

(1) Subject to the provisions of this and the next following section every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, and every matter preliminary or incidental to such appeal . . . shall be heard before three judges of that court and shall, where necessary, be determined according to the opinion of the majority.

(2) Where the Lord Chief Justice so directs, any such appeal, . . . or matter may be heard before two judges.

(3) Where in accordance with subsection (2) an appeal, . . . or matter is heard before two judges and those judges differ in opinion—

(a) it shall, in the case of a criminal cause or matter, be re-heard and determined by three judges;

(b) it may, in any other case, be so re-heard and determined on the application of any party thereto.

(4) No judge of the Court of Appeal shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an appeal from a judgment or order of that judge when sitting in the High Court or of a court of the High Court of which he was a member;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 37 Powers of a single judge in Court of Appeal.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In any cause or matter pending before the Court of Appeal, other than an appeal under the Criminal Appeal Act, any direction incidental thereto not involving the decision of the appeal may be given by a single judge of that court, and a single judge of that court may at any time during vacation make an order granting leave to appeal to the Court of Appeal or any interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 38 Powers of court for purposes of appeals.

(1) For all the purposes of and incidental to the hearing or determination of any appeal, other than an appeal under the Criminal Appeal Act, against any decision or determination of a court, tribunal, authority or person (in this section referred to as “ the original court ”) and the amendment or enforcement of any judgment or order made thereon, the Court of Appeal shall, in addition to all other powers exercisable by it, have all the jurisdiction of the original court and may—

(a) confirm, reverse or vary the decision or determination of the original court;

(b) remit the appeal or any matter arising thereon to the original court with such declarations or directions as the Court of Appeal may think proper;

(c) in the case of an appeal from a decision or determination of the High Court, order a retrial or make any such order as could be made in pursuance of an application for a new trial;

(d) adjourn the hearing from time to time;

(e) draw any inference of fact which might have been drawn or give any judgment or make any order which might have been given or made by the original court and make such further or other order as the case may require;

(f) where the appeal is by case stated, amend the case stated or remit it, with such declarations or directions as the court may think proper, for hearing and determination by the original court or for re-statement or amendment or for a supplemental case to be stated thereon;

(g) make such order as to costs and expenses incurred in the appeal and in the proceedings in the original court as the Court of Appeal thinks fit;

(h) in special circumstances order that such security shall be given for the costs of an appeal as may be just;

(i) make such other order as may be necessary for the due determination of the appeal.

(2) The powers of the Court of Appeal in respect of an appeal to which subsection (1) applies—

(a) shall not be restricted by reason of any interlocutory order from which there has been no appeal; and

(b) may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the original court or by any particular party to the proceedings in that court or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice;

and the Court of Appeal may make any order, on such terms as the court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(3) It shall be the duty of the original court to have regard to all such declarations and to obey all such directions, if any, as may be given by the Court of Appeal pursuant to subsection (1).

(4) Judgments and orders made by the Court of Appeal shall have the like effect and may be enforced in like manner as judgments and orders made by the original court.

Section 41 Appeals to Supreme Court in other criminal matters.

(1) Subject to the provisions of this section, an appeal shall lie to the Supreme Court , at the instance of the defendant or the prosecutor,—

(a) from any decision of the High Court in a criminal cause or matter;

(b) from any decision of the Court of Appeal in a criminal cause or matter upon a case stated by a county court or a magistrates’ court.

(2) No appeal shall lie under this section except with the leave of the court below or of the Supreme Court ; and, subject to section 45(3), such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to the Supreme Court , as the case may be, that the point is one which ought to be considered by the Supreme Court .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of disposing of an appeal under this section the Supreme Court may exercise any powers of the court below or may remit the case to that court.

(5) Schedule 1 shall have effect in relation to appeals under this section.

(6) In this section, sections 44 and 45 and Schedule 1—

(a) any reference to the defendant shall be construed—

(i) in relation to proceedings for an offence, and in relation to an application for an order of mandamus, prohibition or certiorari in connection with such proceedings, as a reference to the person who was or would have been the defendant in those proceedings;

(ii) in relation to any proceedings or order for or in respect of contempt of court, as a reference to the person against whom the proceedings were brought or the order was made;

(iii) in relation to a criminal application for habeas corpus, as a reference to the person by or in respect of whom that application was made,

and any reference to the prosecutor shall be construed accordingly;

(b) “ application for habeas corpus ” means an application for a writ of habeas corpus ad subjiciendum and references to a criminal application or civil application shall be construed accordingly as the application does or does not constitute a criminal cause or matter;

(c) “ leave to appeal ” means leave to appeal to the Supreme Court under this section;

(d) an appeal under this section shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Section 42 Appeals to Supreme Court in civil cases.

(1) Subject to the provisions of this section and to any restriction imposed by any statutory provision which has effect by virtue of subsection (6), an appeal shall lie to the Supreme Court from any order or judgment of the Court of Appeal in any civil cause or matter.

(2) No appeal shall lie under this section except with the leave of the Court of Appeal or the Supreme Court .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) No appeal from an order or judgment of the Court of Appeal shall, unless it involves a decision of any question as to the validity of any provision made by or under an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly, lie under this section in a case where by any statutory provision, including a provision of this Act, it is expressly provided (whatever form of words is used) that that order or judgment is to be final.

Section 43 Appeals to Supreme Court from High Court.

Nothing in this Part of this Act affects the operation of Part II of the Administration of Justice Act 1969 (which provides that an appeal from the High Court shall in certain circumstances lie direct to the Supreme Court ).

Section 44 Appeal in cases of contempt of court.

(1) Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in Northern Ireland in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other statutory provision, relating to appeals in civil or criminal proceedings.

(2) An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie—

(a) from an order or decision of any inferior court (including a county court) or of a single judge of the High Court, or of any court having the powers of the High Court or a judge of that court, to the Court of Appeal;

(b) from an order or decision of the Court of Appeal (including an order or a decision of that court on an appeal under this section) and from an order or decision of the High Court, other than an order or decision of a single judge thereof, or of the Court Martial Appeal Court , to the Supreme Court .

(3) The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and, without prejudice to the inherent powers of any court refered to in subsection (2), provision may be made by rules of court for authorising the release on bail of an appellant under this section.

(4) Subsections (2) to (4) of section 41 and paragraph 1 of Schedule 1 shall apply to an appeal to the Supreme Court under this section, as they apply to an appeal to the Supreme Court under the said section 41 except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section.

(5) In this section “ court ” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt include references—

(a) to an order or decision of the High Court or a county court under any statutory provision enabling that court to deal with an offence as if it were contempt of court;

(b) to an order or decision of a county court under Article 54 or 55 of the County Courts (Northern Ireland) Order 1980 or under Article 34 or 51 of that Order so far as those Articles confer jurisdiction in respect of contempt of court;

(c) to an order or decision of a magistrates’ court under Article 112 of the Magistrates’ Courts (Northern Ireland) Order 1981 ;

(d) to an order or decision of the Court Martial or the Summary Appeal Court under section 309 of the Armed Forces Act 2006;

but do not include references to orders under any provision of , the County Courts (Northern Ireland) Order 1980 or the Magistrates’ Courts (Northern Ireland) Order 1981 , except those referred to in paragraphs (b) and (c).

(6) This section does not apply to a conviction or sentence in respect of which an appeal lies under Part I of the Criminal Appeal Act or to a decision of the Court of Appeal under that Part of that Act; and for the purposes of that Act and of this subsection an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as a sentence in those proceedings.

Section 45 Appeal in habeas corpus proceedings.

(1) Subject to the provisions of this section, an appeal shall lie, in any proceedings upon application for habeas corpus, whether civil or criminal, against an order for the release of the person restrained as well as against the refusal of such an order.

(2) No appeal shall lie by virtue of this section from an order made by a single judge on a criminal application for habeas corpus.

(3) In relation to a decision of the High Court on a criminal application for habeas corpus, section 41 shall have effect as if so much of subsection (2) of that section as restricts the grant of leave to appeal were omitted.

(4) Except as provided by paragraph 4 of Schedule 1 in the case of an appeal against an order of the High Court on a criminal application, an appeal brought by virtue of this section shall not affect the right of the person restrained to be discharged in pursuance of the order under appeal and (unless an order under sub-paragraph (1) of that paragraph is in force at the determination of the appeal) to remain at large regardless of the decision on appeal.

Section 46 Exclusive jurisdiction in trial on indictment.

(1) The Crown Court shall be a superior court of record.

(2) All proceedings on indictment shall be brought before the Crown Court.

(3) The jurisdiction of the Crown Court under subsection (2) shall include jurisdiction—

(a) in proceedings on indictment for offences, wherever committed, which are recognisable under the law of Northern Ireland; and

(b) in particular, in proceedings on indictment for offences triable in Northern Ireland by virtue of any jurisdiction in admiralty.

(3A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.

(4) All courts of assize are hereby abolished, and commissions, whether ordinary or special, to hold any court of assize shall not be issued.

(5) The jurisdiction conferred on county courts by section 40 of the County Courts Act (Northern Ireland) 1959 is hereby abolished.

(6) Subject to any provision contained in or having effect under this Act, all statutory provisions and rules of law relating to the jurisdiction and procedure of any court in connection with indictable offences shall have effect subject only to such modifications as are rendered necessary by the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section.

(7) Subject to any provision contained in or having effect under this Act and without prejudice to the generality of subsection (6), the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section shall not affect—

(a) the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges;

(b) the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour;

(c) the manner of trying any question relating to the breach of a recognizance; or

(d) the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.

Section 47 Exercise of jurisdiction by Crown Court.

(1) All proceedings in the Crown Court shall be heard and disposed of before a single judge, and—

(a) any Crown Court business may be conducted at any place in Northern Ireland;

(b) sittings of the Crown Court at any place may be continuous or intermittent or occasional;

(c) judges may sit simultaneously to take any number of different cases in the same or in different places, and all or any of them may adjourn cases from time to time and may do so from place to place at any time.

(2) The judges of the High Court and the county court shall sit in the Crown Court in accordance with directions given by the Lord Chief Justice and the cases or classes of cases suitable for allocation to judges of the High Court and to county court judges respectively and all other matters relating to the distribution of Crown Court business shall be determined in accordance with directions given by the Lord Chief Justice .

(3) The places at which the Crown Court sits and the days and times when the Crown Court sits at any place shall be determined in accordance with directions given by the Lord Chief Justice .

(4) Subject to section 66 (2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to . any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights and authority as the High Court or the county court.

(5) Officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the notification to those concerned of the place and time appointed for any proceedings or other business and such other formal or administrative matters as may be specified by directions given by the Lord Chancellor after consultation with the Lord Chief Justice .

(6) The Royal Ulster Constabulary shall give effect to any orders or directions which may be given to it by the Crown Court.

(7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Section 48 Committal for trial on indictment.

(1) A magistrates’ court committing a person for trial shall specify the place at which he is to be tried, and in selecting that place shall have regard to—

(a) the convenience of the defence, the prosecution and the witnesses;

(b) the expediting of the trial; and

(c) any directions given by the Lord Chief Justice under section 47(2).

(2) Without prejudice to the preceding provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions or further directions altering the place of any trial on indictment, either by varying the decision of a magistrates’ court under subsection (1) or by substituting some other place for the place specified in a notice under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Aricle 4 of the Children’s Evidence (Northern Ireland) Order 1995 (notices of transfer from magistrates’ court to Crown Court) or by varying a previous direction of the Crown Court.

(3) The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court , as specified in a notice under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 or as fixed by the Crown Court, may apply to the Crown Court for a direction or further direction varying the place of trial; and the court shall take the matter into consideration and may grant or refuse the application, or give such other direction as the court thinks fit.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The trial of a person committed by a magistrates’ court—

(a) shall not begin until the expiration of the specified period beginning with the date of his committal or of the giving of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 , except with his consent and the consent of the prosecutor; and

(b) shall, unless the Crown Court has otherwise ordered, begin not later than the expiration of the specified period beginning with the date of his committal or of the giving of a notice of transfer under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 (that is to say a period longer than the period specified for the purposes of paragraph (a) above for the proceedings in question).

For the purposes of this subsection—

(i) “ the specified period ” means such period for the respective purposes of paragraphs (a) and (b) as may be specified by Crown Court rules and the rules may make different provision for different places of trial or for other different circumstances;

(ii) the trial shall be deemed to begin when the defendant is arraigned.

(6) Directions under subsection (2) may be given on behalf of the Crown Court by an officer of the Crown Court, but the power to make orders conferred on the Crown Court by subsection (5)(b) shall be exercisable only by a judge of the court.

(6A) Where a preparatory hearing has been ordered under Article 6 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, directions altering the place of trial may be given under subsection (2) at any time before the time when the jury are sworn .

(6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b) the application of section 5 of the Justice and Security (Northern Ireland) Act 2007 .

Section 49 Sentences imposed and other decisions made by Crown Court.

(1) A sentence imposed, or other order made, by the Crown Court when dealing with an offender shall take effect from the beginning of the day on which it is imposed or made, unless the court otherwise directs.

(2) Subject to the following provisions of this section, a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 56 days beginning with the day on which the sentence or other order was imposed or made . . . .

(2A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A sentence or other order shall not be varied or rescinded under this section except by the judge of the Crown Court by whom the sentence or other order was imposed or made.

(5) Subject to subsection (6), where a sentence or other order is varied under this section, the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.

(6) For the purposes of section 16(1) of the Criminal Appeal Act (time limit for notice of appeal or of application for leave to appeal) and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.) the sentence or other order shall be regarded as imposed or made on the day on which it is so varied.

(7) Crown Court rules—

(a) may, as respects cases where two or more persons are tried separately on the same or related facts alleged in one or more indictment, provide for extending the period prescribed by subsection (2);

(b) may, subject to the preceding provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by the Crown Court.