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Introduction to the justice system

Northern Ireland has its own judicial system which is headed by the Lord Chief Justice of Northern Ireland.The Department of Justice is responsible for the administration of the courts, which it discharges through the Northern Ireland Courts and Tribunals Service.  The Department also has responsibility for policy and legislation concerning criminal law, legal aid policy, the police, prisons and probation.

Criminal law

Criminal law is concerned with establishing and maintaining social order and protecting the community. The ‘rules’ of criminal law are intended to encourage and support safe and orderly living for everyone. Those who break these laws can be prosecuted. If they are found guilty, they can then be fined, given a community penalty or sent to prison.

The criminal law presumes that each individual is innocent until proven guilty. The level of proof that is required is that the evidence presented should establish the person’s guilt ‘beyond reasonable doubt’.

Civil law

Civil law is concerned mostly with disputes between individuals or corporate bodies. Cases must be proved on the balance of probabilities (more than a 50 per cent probability that the defendant is liable) rather than the 'beyond reasonable doubt' standard applied in criminal cases.

In both criminal and civil cases, the courts make decisions on an adversarial rather than an inquisitorial basis. This means that both sides test the credibility and reliability of the evidence their opponent presents to the court. The judge or jury makes decisions based on the evidence presented.

The judicial system and European Community law

The ultimate source of law is statutes passed by the Northern Ireland Assembly or Westminster Parliament, but there is also a legal duty to comply with European Community law.

EC law, which applies in the UK, comes from EC treaties, Community legislation adopted under them, and decisions of the European Court of Justice. That court has the highest authority to decide points of EC law.

Human Rights Act

The Human Rights Act 1998 built the European Convention on Human Rights into UK law for the first time. The Act includes, among other rights, the right to:

  • a fair trial
  • freedom of thought
  • freedom of expression and
  • respect for family and private life

All public authorities, including the courts, must comply with these rights. If, however, these rights conflict with an Act of Parliament, the courts can make what is known as 'a declaration of incompatibility' and Parliament must then decide what to do as a result of this conflict. Acts of the Northern Ireland Assembly must also be compatible with the Human Rights Act and  European Convention.

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