Northern Ireland · Criminal Law
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Legal context
Criminal law in Northern Ireland operates as a separate legal system from England, Wales, and Scotland, though it shares many similarities with English law. The Public Prosecution Service (PPS) is responsible for prosecuting criminal cases, reviewing files from the Police Service of Northern Ireland (PSNI) to determine whether charges should be brought. Cases begin in the Magistrates' Court, with more serious offences transferred to the Crown Court for trial by jury. The Criminal Justice (Northern Ireland) Order 2008 provides the framework for sentencing, while the Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE NI) governs police powers and procedures. Legal aid is available through the Legal Services Agency Northern Ireland (LSANI) for those who qualify financially.
Key legislation: Police and Criminal Evidence (Northern Ireland) Order 1989
At a glance
The Public Prosecution Service reviews all files from the PSNI and applies a two-stage test: evidential sufficiency and public interest. Unlike England's CPS, the PPS operates under the Justice (Northern Ireland) Act 2002 with specific guidelines for Northern Ireland's unique circumstances.
Criminal cases start in the Magistrates' Court where district judges (magistrates' courts) hear summary offences and conduct committal proceedings. Serious offences are tried in the Crown Court before a judge and jury, with appeals going to the Court of Appeal Northern Ireland.
The PSNI operates under PACE NI, which grants similar powers to those in England but with Northern Ireland-specific codes of practice. You have the right to free legal advice at the police station, which can be arranged through the duty solicitor scheme operated by LSANI.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
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Common questions
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.
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.
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.
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.
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.
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.
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.
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.
General information only. It may not apply to your facts, and rules or time limits can change.
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