Northern Ireland law

Northern Irish law or Northern Ireland law refers to the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a separate jurisdiction within the United Kingdom in 1921.

Background

For the purposes of private international law the United Kingdom is divided into three distinct legal jurisdictions:

• English law in England and Wales;
• Northern Ireland law in Northern Ireland;
• Scots law in Scotland.

Northern Ireland is a common law jurisdiction. Although its common law is similar to that in England and Wales, and partially derives from the same sources, there are some important differences in law and procedure between Northern Ireland and England and Wales.

Legislation

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.

The expression "Northern Ireland legislation" is defined by statute.

Legal publications

In 1979, there was a severe shortage of textbooks and of works of authority, such as annotated statutes, law reports and rules of court, because the potential readership of any legal work, no matter how general, was so small that publication was not commercially viable.^[1] The only periodical dealing with the law of Northern Ireland was the Northern Ireland Legal Quarterly.^[2]

See also the Northern Ireland Law Reports (NILR)^[3][4][5] and the Northern Ireland Statutes Revised.

Legal education

Both of the universities offer a range of undergraduate and postgraduate law degrees:

• The School of Law at Queen's University of Belfast
• Ulster University School of Law

There are specialist research centres in the two universities:

• Human Rights Centre at Queen's University Belfast
• Institute for Criminology and Criminal Justice at Queen's University Belfast
• Transitional Justice Institute at Ulster University

Professional legal education is offered by the Institute of Professional Legal Studies at Queen's University Belfast and the Graduate School for Professional Legal Education at Ulster University.

Criminal law

Criminal offences

Offences against the person

• Child destruction^[6]

Fatal offences

As to the mens rea for murder, see section 8 of the Criminal Justice Act (Northern Ireland) 1966.

The following partial defences reduce murder to manslaughter:

• loss of control^[7]
• diminished responsibility^[8]
• suicide pact^[9]

See also section 6 of the Criminal Justice Act (Northern Ireland) 1966. The common law defence of provocation was abolished and section 7 of that Act repealed by section 56 of the Coroners and Justice Act 2009.

The Infanticide Act (Northern Ireland) 1939 provides a partial defence which reduces murder to infanticide.

The penalty for murder is provided by section 1(1) of the Northern Ireland (Emergency Provisions) Act 1973.

Sexual Offences

Non-fatal non-sexual offences

Offences against property

Forgery, personation and cheating

See personation: See cheating:

• Offences under Part I of the Forgery and Counterfeiting Act 1981

Offences against the State or Crown or Government and political offences

• High treason
• Misprision of treason
• Compounding treason
• Treason felony
• Attempting to injure or alarm the Sovereign, contrary to section 2 of the Treason Act 1842
• Offences under the Official Secrets Acts 1911 to 1989
• Offences under the Incitement to Disaffection Act 1934
• 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 1819
• Piracy iure gentium
• Piracy with violence, contrary to the Piracy Act 1837
• Offences under the Slave Trade Act 1824
• Offences under the Foreign Enlistment Act 1870
• Offences under the Immigration Act 1971
• Coinage offences under Part II of the Forgery and Counterfeiting Act 1981
• 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

Abolished offences

• Sedition
• Seditious libel

Offences against religion and public worship

• Blasphemy
• Blasphemous libel

Public order offences

• Riot
• Affray
• Offences under the Public Order (Northern Ireland) Order 1987

Offences against public morals and public policy

• Bigamy^[10]

Participatory offences

Participatory offences include aiding, abetting, counselling, or procuring the act of some crime or conspiracy. It also includes being an accomplice to criminal behaviour.

Defences to crime

• Marital coercion

See also

• Northern Ireland Assembly (1973–1974) (legislative power in 1974 only)
• Northern Ireland Courts and Tribunals Service
• Attorney General for Northern Ireland
• Advocate General for Northern Ireland
• Public Prosecution Service for Northern Ireland
• Police Service of Northern Ireland
• List of statutory rules of Northern Ireland

References

Further reading

• Britain's Legal Systems, Central Office of Information, 1997, ISBN 0-11-701713-2
• Criminal Justice Systems in Europe, Bo Svensson, 1995, ISBN 91-38-30482-1
• Law and State: The Case of Northern Ireland, Kevin Boyle, Tom Hadden and Paddy Hillyard, 1975
• The Legal System of Northern Ireland, Brice Dickson, (5th edition) 2005, Belfast: SLS Legal Publications, ISBN 0-85389-884-7
• Digest of Northern Ireland Law. Second Edition. SLS. Belfast. 1995 onwards.
• Desmond Greer and Frederick Boyd. "Northern Ireland". In Twining and Uglow. Law Publishing and Legal Information. 1981. pp 83 – 116.
• Company law of Northern Ireland: Report of the Committee, under the Chairmanship of Donald Murray QC. Snippet view.
• Legal Aid: Final Report of the Law Society of Northern Ireland for the Period 1 April 2003 to 31 October 2003. Preview.
• Comerton. A Handbook on the Magistrates' Courts Act (Northern Ireland) 1964. Snippet view.
• Calvert. Constitutional Law in Northern Ireland: A Study in Regional Government. Snippet view.

External links

Wikiversity has learning materials about Northern Ireland law

• The judicial system in Northern Ireland, by Directgov
• PDF – Northern Ireland law – Law Library Guide, Queen's University, Belfast
• British and Irish Legal Information Institute
• legal-island.com
• Law Centre (NI)
• Library Guide. Queen's University Belfast.

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