WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS




NORTHERN IRELAND



Ken Pease and Gemma Cox

University of Manchester



This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant No.
90-BJ-CX-0002 to the State University of New York
at Albany.  The project director was Graeme R.
Newman, but responsibility for the accuracy of the
information contained in each report is that of
the individual author.  The contents of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice.



GENERAL OVERVIEW


1. Political System.

     The origins of the legal system in Northern
was largely introduced on the model of England and
Wales, to supplant the system operating under
Celtic Law before the 17th century. In 1801, the
United Kingdom was established, incorporating
England and Wales, Scotland, and the whole of the
island of Ireland.  The Irish Republic seceded to
independent nationhood in 1922.  The remaining six
counties of Ireland were the subject of the 1920
Government of Ireland Act, which was enacted by
the Parliament in London and provided a
constitution for Northern Ireland.  (However, the
Republic of Ireland presently retains in its
constitution a claim to these six counties.)  This
provided a subordinate legislature based at
Stormont Castle near Belfast to deal with domestic
matters.  The Act also conferred a distinctiveness
upon the style and substance of Northern Irish
statute law. 

2. Legal System. Information not obtained.

3. History of the Criminal Justice System.

      The Stormont Legislature described above
ended in 1972 with the reversion of powers to the
United Kingdom Parliament.  However, many of the
criminal justice arrangements in Northern Ireland
remain different from those among England and
Wales, primarily because of the continued
political divisions expressed in terrorist acts
and influential and powerful paramilitary forces
acting within the Province of Northern Ireland.
        One of the many fascinating but disturbing
features of life in Northern Ireland is the
recognition of parallel informal justice systems,
with paramilitary groups dispensing justice among
social groupings who would prefer not to have
recourse to the official system.  The most severe
commonplace sanction has been the punishment
shooting, where joints, most often knees, are shot
in a crude retributive tariff. 



CRIME


1. Classification of Crime. 

*Legal classification.  The classifications of
crimes are similar to those in England and Wales. 
The one difference is the existence of scheduled
offenses.  These are basically terrorist offenses
which activate distinctive court arrangements. 
The Prevention of Terrorism (Temporary Provisions)
Act of 1989 is an Act of the United Kingdom
Parliament which allows exclusion from the United
Kingdom, from Great Britain, and/or from Northern
Ireland itself. 

*Age of criminal responsibility.  Offenders under
the age of 17 are dealt with by juvenile courts. 

*Drug offenses.  Information not obtained. 

2. Crime Statistics. 

     The following criminal justice information is
provided in annual reports of the Chief Constable
of the Royal Ulster Constabulary.  (In 1992, the
number of offenses known to the police in which
criminal proceedings were undertaken totaled
67,532.)  Northern Ireland did not provide crime
data to the Fourth United Nations Crime Survey. 
(The Commentary on Northern Ireland Crime
Statistics in 1986 provides uniquely good data on
trends in crime since 1969. It shows a dramatic
increase in both completed and attempted murders
during the 1970's.  During this time, indictable
crime generally increased at a point when murder
was declining, as did sexual offenses. As the
total number of recorded crime increased, the
clearance rate fell.  This reflected the situation
in the 1970's, when it was common not to report
crimes to the police.  Instead, many offenses were
reported to a paramilitary group.  As the
intensity of the troubles fell away, more crimes
were reported to the police.)
     

*Murder.  In 1992, 14 persons were found guilty of
murder and 11 guilty of manslaughter. 

*Rape.  In 1992, 184 persons were found guilty of
sexual offenses. 

*Burglary and Robbery.  In 1992, 1,351 persons
were found guilty of burglary and robbery. 

*Serious drug offense.  Information not obtained. 

*Crime regions.  Information not obtained.



VICTIMS

1. Groups Most Victimized by Crime.

     The International Victim Survey showed
Northern Ireland to have a lower rate of
victimization than any other European country
participating (12.5-14.9%). No other victimization
information is available.  

2. Victims' Assistance Agencies.

     Victim support arrangements and compensation
for criminal injuries is available in Northern
Ireland.  An active Victim Support movement works
closely with the voluntary organization EXTERN and
the charity of the Northern Ireland Association
for the Care and Resettlement of Offenders and the
Prevention of Crime. (NIACRO).

3. Role of Victim in Prosecution and Sentencing.  
Information not obtained. 

4. Victims' Rights Legislation.



POLICE 


1. Administration.

     There is one police force in Northern
Ireland, the Royal Ulster Constabulary.  (The
policing role of the paramilitary organizations
should not be overlooked.)  The presence of the
British Army in large numbers in Northern Ireland
leads the police and army forces to be commonly
referred to as the security forces.
     Unlike the rest of the United Kingdom, the
police in Northern Ireland are directly
responsible to a body appointed by the Government. 
The arrangements for promotion of officers is as
elsewhere in the United Kingdom, with the Chief
Constable being responsible for all but the most
senior appointments, which are recommended by the
police authority and approved by the Secretary of
State for Northern Ireland.  The Secretary of
State for Northern Ireland may direct the
Commission to investigate anything which has not
resulted in a formal complaint. 

2. Resources. 

*Expenditures.  Information not obtained. 

*Number of police.  There approximately 8,000
full-time officers in the Royal Ulster
Constabulary.  Unlike the rest of the United
Kingdom, the force is not supplemented by unpaid
Special Constables. Rather there is a reserve
force of nearly 5,000 officers who are paid and
armed.  Some of these reserve officers have
approached the status of full-time police
officers.

3. Technology. 

*Availability of police automobiles.  Information
not obtained. 

*Electronic equipment.  Information not obtained. 

*Weapons.  All of the male officers of the RSU
carry firearms, as do some of its female officers. 

4. Training and qualifications. Information not
obtained.

5. Discretion. 

*Use of force.  Information not available.

*Stop/apprehend a suspect.  Information not
obtained.

*Decision to arrest.  Information not obtained. 

*Search and seizure. Information not obtained. 

*Confessions.  Information not obtained. 

6. Accountability.
     There is an independent Commission for Police
Complaints which has the duty to investigate
complaints regarding death and serious injury, and
the discretionary power to supervise the
investigation of any other complaint received.



PROSECUTORIAL AND JUDICIAL PROCESS


1. Rights of the Accused. 

*Rights of the accused.  Information not
obtained. 

*Rights of the accused. Information not obtained. 

*Assistance to the accused. Legal aid is widely
available in Northern Ireland. Unlike the
situation in England and Wales, it is
non-contributory. Application is made to the court
pending judicial discretion. The court has the
right to defer the decision until the defendant's
means have been assessed. 

2. Procedures. 

*Preparatory procedures for bringing a suspect to
trial. The investigation of crime is the
responsibility of the Royal Ulster Constabulary.
     If an offense other than a terrorist offense
(scheduled offense) is involved, uncontested cases
are heard by a single judge, and contested cases
are adjudicated by a 12 person jury and sentenced
by a single judge. Each defendant has the right to
challenge a maximum of 12 potential jurors without
giving a reason.
     As in England and Wales, a jury is first
invited to reach a unanimous view.  If a unanimous
decision is not possible, a verdict can be
accepted in cases involving a maximum of 2
dissenting opinions.  Like England and Wales, but
unlike Scotland, the age range for jurors is
18-70.
     Scheduled offenses (terrorist offenses) are
heard before a single judge and without a jury.
These courts, which are known as Diplock courts
after the author of a report recommending the need
for them in the special circumstances of Northern
Ireland, are controversial.  Some safeguards exist
for defendants in such courts.  The judge must
provide written reasons for conviction and there
is the automatic right of appeal against
conviction and sentence on points of law and fact. 
In 1990, 43% of defendants who plead not guilty to
all charges before a Diplock court were acquitted. 

*Official who conducts prosecution.  The bulk of
summary offenses are prosecuted by the police. 
The Director of Public Prosecutions for Northern
Ireland prosecutes all offenses tried on
indictment and may choose to prosecute other
cases, as well. 

*Alternatives to trial.  A system of formal
cautioning exists in Northern Ireland. 

*Proportion of prosecuted cases going to trial. 
Information not obtained. 

*Pre-trial incarceration conditions.   Periods for
which suspects are held on suspicion of terrorist
offenses may be longer than the limits which
otherwise apply, which are identical with England
and Wales.  As elsewhere in the United Kingdom, a
person who considers that the grounds for his or
her detention are unlawful may apply for a writ of
habeas corpus requiring the person who detained
the prisoner to appear before the court to justify
the detention.  Habeas corpus proceedings take
precedence over others.  

*Bail Procedure. Information not obtained. 

*Proportion of pre-trial offenders incarcerated. 
Information not obtained. 



JUDICIAL SYSTEM


1. Administration.

     The Crown Court handles the serious criminal
cases.  Appeals from the Crown Court are brought
to the Court of Appeal.  The administration of the
court system is the responsibility of the Lord
Chancellor.  The Northern Ireland Office, under
the Secretary of State for Northern Ireland, deals
with substantive law, the police and the running
of the penal system.
     Magistrates courts are organized
geographically into 22 districts (petty sessional
divisions) and generally deal with minor offenses. 
Juvenile courts are similarly divided. The county
courts are also geographically divided.
     Appeals from Magistrates courts against
conviction or sentence are heard by a higher
court, which is generally the County Court, whose
own jurisdiction is primarily on civil law
matters.  An appeal on a point of law may be heard
by the Northern Ireland Court of Appeal, which
also serves as the appellate court for the Crown
Court in Northern Ireland.  There is a provision
for appeal from the Court of Northern Ireland to
the House of Lords.

2. Special Courts. Juvenile Courts.  Cases
involving persons under age 17 are dealt with in
juvenile courts by a resident magistrate sitting
with two lay magistrates, one of whom must be a
woman.  

3. Judges. 

*Number of judges.  The County Courts are presided
over by one of twelve County Court judges.  In
Belfast and Londonderry, the County Court judges
are called recorders.  The Court of Appeal is
presided over by the Lord Chief Justice and two
Lords Justices of Appeal.  

*Appointment and qualifications.  Each Magistrates
court is presided over by a legally qualified
resident magistrate.



PENALTIES AND SENTENCING


1. Sentencing Process. 

*Who determines the sentence?  All adults found
guilty of a criminal offense in Northern Ireland
are sentenced by someone who is legally trained. 
If the case involves a summary offense, a legally
qualified resident magistrate will hear the case
and impose sentencing for a finding of guilt. 

*Is there a special sentencing hearing? 
Information not obtained. 

*Which persons have input into the sentencing
process? Information not obtained. 

2. Types of Penalties. 

*Range of penalties.  The penalty options
available in Northern Ireland closely match those
in England and Wales.  That is, the sentence can
consist of a fine, probation, community work, or
imprisonment.  One noteworthy difference is that a
Magistrates court which has tried a case cannot
commit the case for sentence to the Crown Court. 

*Death penalty.  For all practical purposes, as in
England and Wales, the death penalty has been
abolished in Northern Ireland.



PRISON 


1. Description. 

*Number of prisons and type.  The prison estate in
Northern Ireland is much newer than elsewhere in
the United Kingdom. Another point of contrast
(particularly with England and Wales) is that
there are no open prisons and, because of the
greater average sentence length in these prisons,
the prison population is disproportionately
composed of those who have been convicted of
scheduled offenses.
     Of recent historical interest has been the
practice of allowing special category status to
terrorist prisoners by labeling their offenses
political.  The conferment and subsequent
withdrawal of such status led to a series of
prisoner deaths by hunger strike in 1981.  The
residue of the old system persisted well into the
1980s in the compound system, whereby each of the
paramilitary organizations had a separate compound
within the Maze prison.  The compounds were
essentially autonomous, with a commanding officer
elected from among the prisoners.  Both physically
and organizationally, the arrangement evoked
images of prisoners-of-war camps rather than
conventional prisons. 

*Number of prison beds. In contrast with England
and Wales, there is no overcrowding in the prisons
of Northern Ireland. 

*Number of annual admissions.  In 1992, the number
of prison admissions of untried prisoners was
1,987.  The total number of admissions of
sentenced prisoners was 2,293. admissions of
sentenced prisoners was 2,293. 

*Average daily population/number of prisoners.  
In 1992, the average daily population of convicted
prisoners was 1,396.  The average daily population
of unconvicted prisoners was 413. 

*Actual or estimated proportions of inmates
incarcerated. Information not obtained.

2. Administration. 

*Administration.  Information not obtained. 

*Number of prison guards.  Information not
obtained. 

*Training and qualifications.  Information not
obtained. 

*Expenditure on prison system.  Information not
obtained.

3. Prison Conditions.  

*Remissions.  There is no parole system in
Northern Ireland, because of the difficulties and
dangers in the supervision of parolees.  Remission
for good conduct has been allotted to half of the
sentence.  If a prisoner is convicted of another
prisonable offense during the term of a sentence
exceeding 12 months, the balance of the original
sentence may be ordered to be served consecutively
with any new sentence. Terrorist prisoners who
have been released and then convicted again during
the term of the original sentence must serve the
balance of the original sentence in addition to
any new sentence.
     Prisoners under a life sentence have their
cases periodically reviewed by the Secretary of
State on the recommendation of an internal review
body.  This is the most overtly political release
arrangement for such prisoners within the United
Kingdom.  

*Work/education.  Information not obtained. 

*Amenities/privileges.  Information not obtained.



EXTRADITION AND TREATIES


*Extradition.  Standards for extradition are
identical to those for England and Wales.  The
legal framework in the United Kingdom
distinguishes between various types of states. 
First are those designated Commonwealth countries
and Dependent Territories, where extradition is
governed by the Fugitive Offenses Act of 1967.
These states include: Australia, Bahamas,
Barbados, Botswana, Canada, Cyprus, Dominica,
Fiji, Gambia, Ghana, Grenada, Guyana, India,
Jamaica, Kenya, Lesotho, Malawi, Malaysia, Malta,
Mauritius, Nauru, New Zealand, Papa New Guinea,
St. Lucia, Seychelles, Sierra Leone, Singapore,
Solomon Islands, Sir Lanka, Switzerland, Tanzania,
Toga, Trinidad and Tobago, Tuvalu, Uganda, Western
Samoa and Zambia. Dependent territories include
Belize, Bermuda, British Virgin Islands, Cayman
Islands, Falkland Islands, Gibraltar, Hong Kong,
Monserrat, Pitcairn Islands, St. Helena and the
Turk and Cacos Islands.
     Second, the U.K has Extradition Acts which
govern treaty agreements with foreign states.  
Such agreements include the following states:
Albania, Argentina, Austria, Belgium, Bolivia,
Chile, Colombia, Cuba, Czechoslovakia, Denmark,
Ecuador, Finland, France, Germany, Greece,
Guatemala, Haiti, Hungary, Iceland, Iraq, Israel,
Italy, Liberia, Luxembourg, Mexico, Monaco,
Netherlands, Nicaragua, Norway, Panama, Paraguay,
Peru, Portugal, Romania, Salvador, San Marino,
Switzerland and Thailand.
     Finally, extradition between the Republic of
Ireland and the U.K. is controlled by the 1965
Backing of Warrents Act, in accordance with the
1978 Suppression of Terrorism Act, which gives
effect to the European Convention on the
Suppression of Terrorism.
      A current matter of active concern is the
exchange of criminal records among countries of
the European Union, particularly in connection
with citizens of the Union seeking employment in
other Union countries. 

*Exchange and transfer of prisoners.  Information
not obtained. 

*Specified conditions. Information not available. 



SOURCES

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Note: The most active criminological research
     facility in Northern Ireland in recent years
     has been EXTERN.  Their reports may be
     requested from 7-11 Verner St., Belfast.