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Revised Statute from The UK Statute Law Database

Judicature (Northern Ireland) Act 1978 (c. 23)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Judicature (Northern Ireland) Act 1978

1978 CHAPTER 23

Contents

Go to Preamble

  1. Part I

    Constitution of the Supreme Court of Judicature of Northern Ireland

    1. 1. The Supreme Court

    2. 2. The High Court

    3. 3. The Court of Appeal

    4. 4. The Crown Court

    5. 5. Divisions of the High Court

    6. 6. Judges of one court empowered to assist another

    7. 7. Further assistance for transaction of judicial business

    8. 8. Additional provisions as to persons rendering judicial assistance

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

    10. 10. Judicial precedence

    11. 11. Exercise of functions of Lord Chief Justice

    12. 12. Appointment of judges

    13. 12A. Appointment of judges of High Court

    14. 12B. Tenure of office

    15. 13. Tenure of office, oath, etc

    16. 14. Vacation of office

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

  2. Part II

    The High Court

    1. General jurisdiction

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

      2. 17. Assignment of business to judges

    2. Supervisory and declaratory jurisdiction

      1. 18. Application for judicial review

      2. 19. Stay and interim relief

      3. 20. Damages

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

      5. 22. Extension of supervisory powers of High Court

      6. 23. Declaratory judgments

      7. 24. Injunction concerning public office

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

    3. Jurisdiction in relation to persons under disability

      1. 26. Wards of court

      2. 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

    4. Admiralty jurisdiction

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

    5. Miscellaneous powers of High Court

      1. 31. Remittal and removal of proceedings

      2. 32. Restriction on institution of vexatious actions

      3. 33. Execution of instruments by order of court

      4. 33A. Power of High Court to award interest on debts and damages

  3. Part III

    The Court of Appeal and the House of Lords

    1. 34. General jurisdiction of Court of Appeal

    2. 35. Appeals to Court of Appeal from High Court

    3. 36. Composition of Court of Appeal

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

    5. 38. Powers of court for purposes of appeals

    6. 39, 40... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 41. Appeals to House of Lords in other criminal matters

    8. 42. Appeals to House of Lords in civil cases

    9. 43. Appeals to House of Lords from High Court

    10. 44. Appeal in cases of contempt of court

    11. 45. Appeal in habeas corpus proceedings

  4. Part IV

    The Crown Court

    1. 46. Exclusive jurisdiction in trial on indictment

    2. 47. Exercise of jurisdiction by Crown Court

    3. 48. Committal for trial on indictment

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

    5. 50. Right of audience

    6. 51. Process to compel appearance before Crown Court

    7. 51A.Issue of witness summons on application to Crown Court

    8. 51B. Power to require advance production

    9. 51C. Summons no longer needed

    10. 51D. Application to make summons ineffective

    11. 51E. Issue of witness summons of Crown Court’s own motion

    12. 51F. Application to make summons ineffective

    13. 51G. Punishment for disobedience to witness summons

    14. 51H. Further process to secure attendance of witnesses

    15. 52. Crown Court rules

    16. 53. Crown Court Rules Committee

  5. Part V

    Practice, Procedure and Trials

    1. 54. The Supreme Court Rules Committee

    2. 55. Rules of Court

    3. 56. Control and publication of rules

    4. 57. High Court and Court of Appeal to be continuing courts

    5. 58. Sittings of High Court and Court of Appeal

    6. 59. Award of costs

    7. 60. Taxation of costs

    8. 61. Trial with assessors

    9. 62. Trial with and without jury

    10. 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. 64. Jury in civil actions

    12. 65. Rules of court in relation to juries in civil actions

    13. 66. Certain affidavits taken abroad admissible without proof of seal etc

    14. 67. Subpoenas in other parts of the United Kingdom

  6. Part VI

    Departments and Officers

    1. 68. Departments

    2. 69. Northern Ireland Court Service

    3. 70. Appointment and qualification of statutory officers

    4. 71. Tenure of office of statutory officers

    5. 72. Superannuation of statutory officers

    6. 73. Restrictions on practice

    7. 74. Deputies and temporary appointments

    8. 75. Official Solicitor

    9. 76. Property held by officers

  7. Part VII

    Funds in Court

    1. 77. Accountant General

    2. 78. Accounts of funds in court

    3. 79. Accountant General to keep bank account

    4. 80. Payments and transfers

    5. 81. Investment of funds in court

    6. 82. Rules as to funds in court

    7. 83.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. 84. Statutory deposits

    9. 85. Provision for default to be made good

  8. Part VIII

    Rules of Law in Judicial Matters Generally

    1. 86. Concurrent administration of law and equity to continue

    2. 87. Assignment of debts and choses in action

    3. 88. Certain stipulations not to be of the essence of contracts

    4. 89. Merger

    5. 90. Equitable waste

    6. 91. Orders for sale, mandatory or other injunctions and receivers

    7. 92. Damages in lieu of or in addition to injunction or specific performance

    8. 93. Suits for possession of land by mortgagors

    9. 94. Relief from ejectment

    10. 94A. Withdrawal of privilege against incrimination of self or spouse in certain proceedings

  9. Part IX

    Inferior Courts

    1. County courts

      1. 95, 96... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 97. Civil jurisdiction exercisable by circuit registrars

      3. 98. Appointment and assignment of county court judges

      4. 99. Qualifications of county court judges and deputy judges

      1. 100. Appointment and assignment of resident magistrates

      2. 101.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Supplementary

      1. 102. Supplementary

  10. Part X

    Miscellaneous Matters

    1. 103. Appointment of justices of the peace

    2. 103A. Power of court of record to bind over

    3. 104. Under-sheriffs

    4. 105. Solicitors to be officers of court

    5. 106. Rights of audience in the High Court and Court of Appeal

    6. 107. Qualification for holding office of solicitors who have been barristers and vice versa

    7. 108. Election courts

    8. 109. Enrolment etc. of instruments

    9. 110. Court bonds

    10. 111. Lost negotiable instruments

    11. 112. Oaths and affidavits

    12. 113. Appointment of conveyancing counsel

    13. 114. Other law in Northern Ireland courts

    14. 115. Official seals

    15. 116. Fees

    16. 117. Transfer of certain functions relating to courts to Lord Chancellor

    17. 117A. Allowances for judges

  11. Part XI

    Interpretation and General

    1. 118. Application to the Crown

    2. 119. Making and control of subordinate legislation

    3. 120. Interpretation

    4. 121. Financial provisions

    5. 122. Minor and consequential amendments, transitional provisions and repeals

    6. 123. Short title and commencement

  12. SCHEDULE 1

    Appeals to House of Lords in Certain Criminal Matters

  13. SCHEDULE 2

    Departments of the Supreme Court

  14. SCHEDULE 3

    STATUTORY OFFICES

  15. SCHEDULE 4

    Superannuation of Statutory Officers

  16. SCHEDULE 5

    Minor and Consequential Amendments

  17. SCHEDULE 6

    Transitional Provisions

  18. SCHEDULE 7

    REPEALS

An Act to make provision with respect to the constitution, jurisdiction and proceedings of the Supreme Court of Judicature of Northern Ireland; to establish as part of that Court a Crown Court to try indictments and exercise other jurisdiction in Northern Ireland in relation to criminal cases and to abolish courts of assize there and deal with their jurisdiction; to make, as respects Northern Ireland, provision for the administration of courts; to provide for certain rules of law in judicial matters in Northern Ireland and to amend the law regarding county courts, magistrates’ courts and justices of the peace in Northern Ireland and otherwise with respect to the administration of justice there.

[30th June 1978]

Annotations:

Modifications etc. (not altering text)

C1Act: Power to amend conferred (1.12.2000) by S.I. 1999/3147 (N.I. 11), art. 40(1)(2)(g); S.R. 2000/133, art. 2(3)(d), Sch. Pt. IV

Commencement Information

I1Act not in force at Royal Assent see s. 123(2)(3)(4); Act wholly in force at 1.9.1979.

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