District Court (Ireland) - History

History

The current District Court was established in 1961. However, the jurisdiction vested in it stems from the earlier courts of petty sessions. Petty sessions were originally held by justices of the peace, who were lay people (and in Ireland, typically members of the Protestant Ascendancy), as preliminary hearings for Quarter Sessions and the Assizes). From 1836, the justices acted under the supervision of resident magistrates. The Petty Sessions (Ireland) Act 1851 regulated petty sessions, organising the country into petty sessions districts and providing for the appointment of clerks of petty sessions. A series of Summary Jurisdiction (Ireland) Acts, beginning in 1851, vested petty sessions with summary jurisdiction in minor criminal matters. Both these Acts are still on the statute book, though heavily amended. In Dublin, the divisional magistrates exercised similar power to petty sessions under the Dublin Police Acts.

During the War of Independence, the Royal Irish Constabulary retreated to barracks, and petty sessions could not be held in most of the country. A system of Dáil Courts was set up by the First Dáil to replace them. A Dáil Parish Court exercised summary jurisdiction in IRA-controlled areas. After the outbreak of the Irish Civil War, however, the Provisional Government decided to "revert" to the British courts, pending the report of a commission headed by Lord Glenavy on what would replace them. It decided, however, immediately to make changes to summary jurisdiction by dismissing all remaining resident magistrates and terminating the commissions of justice of the peace, many of whom had resigned anyway. It then proceeded to appoint 27 new resident magistrates who would sit alone without justices of the peace, giving them the title of District Justice. The District Justices (Temporary Provisions) Act 1923 changed the name of Petty Sessions to District Courts and confirmed the appointment of the existing District Justices. The Dáil Parish Courts were would up separately.

The District Court of Justice was formally established in 1924, replacing the renamed District Courts and the Dublin Metropolitan Police Court. The Courts Acts of 1961 replaced this court with the current District Court.