Common Questions
Criminal Law FAQs — Northern Ireland
What happens when I'm arrested by the PSNI?
The PSNI must follow procedures under PACE NI, including reading you a caution and informing you of your rights. You're entitled to free legal advice at the police station through the LSANI duty solicitor scheme. You can be held for up to 24 hours (or longer for serious offences with court authorisation) while the PSNI investigate.
How does the PPS decide whether to charge me?
The Public Prosecution Service applies the Test for Prosecution: first, whether there's sufficient evidence for a reasonable prospect of conviction, and second, whether prosecution is in the public interest. This is similar to England's CPS test but considers Northern Ireland-specific factors. The PPS must make decisions independently of the PSNI.
Which court will hear my case?
Most criminal cases start in the Magistrates' Court, where district judges hear summary offences with maximum sentences of 6-12 months. More serious 'indictable' offences go to the Crown Court for trial by jury. Some 'hybrid' offences can be heard in either court, depending on severity and the PPS's decision.
Can I get legal aid for criminal cases in Northern Ireland?
Yes, criminal legal aid is available through LSANI. For police station attendance, legal advice is free regardless of income. For court proceedings, you'll need to complete a means test unless you're under 18 or receiving certain benefits. Crown Court legal aid is generally granted for all defendants due to the seriousness of cases.
What sentences can Northern Irish courts impose?
Magistrates' Courts can impose up to 12 months' imprisonment for a single offence. Crown Courts have broader sentencing powers, including life imprisonment for the most serious offences. Both courts can also impose community orders, fines, and other disposals under the Criminal Justice (Northern Ireland) Order 2008.
How do appeals work in Northern Ireland's criminal courts?
From the Magistrates' Court, you can appeal conviction or sentence to the County Court. Crown Court convictions are appealed to the Court of Appeal Northern Ireland. Appeals must usually be lodged within 28 days. The Court of Appeal can quash convictions, order retrials, or vary sentences if grounds are established.
What's different about youth justice in Northern Ireland?
Young people under 18 are usually dealt with by the Youth Court, which is part of the Magistrates' Court but sits separately. The Criminal Justice (Children) (Northern Ireland) Order 1998 emphasises diversion and rehabilitation. The Youth Justice Agency manages community sentences and the Woodlands Juvenile Justice Centre provides custody.
Can I represent myself in criminal proceedings?
Yes, you have the right to self-representation in both Magistrates' and Crown Courts. However, criminal law is complex, particularly in the Crown Court where procedures are formal and evidential rules strict. Most defendants choose professional representation, especially for serious charges where liberty is at stake.
