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Northern Ireland law

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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:

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.

Criminal law

Criminal offences

Offences against the person

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:

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 The common law defence of provocation was abolished and section 7 of that Act repealed by section 56 of the Coroners and Justice Act 2009.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

Firearms and offensive weapons

Forgery, personation and cheating

See personation: See cheating:

Offences against the State or Crown or Government and political offences

Abolished offences

Harmful or dangerous drugs

Offences against religion and public worship

Offences against the administration of public justice

Public order offences

Offences against public morals and public policy

Protection of children and vulnerable adults

Protection of animals and the environment

Road traffic and motor vehicle offences

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

See also

References

  1. ^ The Report of the Royal Commission on Legal Services. Cmnd 7648. October 1979. Volume I. Paragraph 42.66 to at page 704. Google Books.
  2. ^ The Report of the Royal Commission on Legal Services. Cmnd 7648. October 1979. Volume I. Paragraph 42.67 to at page 704.
  3. ^ Northern Ireland Law Reports. LexisWeb.
  4. ^ Queen's University Belfast.
  5. ^ Cardiff Index to Legal Abbreviations.
  6. ^ Archbold Criminal Pleading, Evidence and Practice lists child destruction as an offence against the person
  7. ^ The Coroners and Justice Act 2009, sections 54 and 55
  8. ^ The Criminal Justice Act (Northern Ireland) 1966, section 5 (as amended by section 53 of the Coroners and Justice Act 2009)
  9. ^ The Criminal Justice Act (Northern Ireland) 1966, section 14
  10. ^ Again this is the label adopted by Archbold

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

  • 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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