legal practice

Topics: Law, Court, Appeal Pages: 4 (821 words) Published: May 25, 2014
Lourda Finn

The Judgement Title: Director of Public Prosecutions –v- Tully. Neutral Citation: [2009] IECC 1.
Date of Delivery: 07/13/2009.
Court: Circuit Court.
Composition of Court:
Judgement by: White Michael J.
Status of Judgement: Approved.

1. Introduction to Court Report.
The background evidence in this case was first heard in the Navan District Court on 14/5/2007. Mr Kevin Tully was convicted under the Road Traffic Act 1961. He was fined £500 and the automatic penalty points were applied. His appeal centres on his contention that he never received the fixed penalty point notice in the first instance and as a result of this non-notification his conviction was flawed.

2. Introduction to Court System.
The Irish Courts system consist of a designated court hierarchy with differing jurisdictions and is divided into two categories; Criminal and Civil. Most cases start at the lower courts in the first instance.

The District Court is local and limited to monetary amounts up to £15.000, it has jurisdiction to hear criminal (summary), civil and family matters. There is no jury in the district courts.

The Circuit Court is limited to local and monetary amounts up to £75.000, it has jurisdiction to hear criminal (indictable), civil, family matters and appeals from the district court. A jury can be present in Circuit court criminal trials.

The High Court in civil cases sits in Dublin and has full jurisdiction on monetary amounts over £75.000 and personal injury, fatal injury, appeals from circuit courts in civil and family law cases, law matters and is also a divisional court.

The Central Criminal Court sits in Dublin and has jurisdiction over murder, rape conspiracy and criminal trials under the Competition Act 2002.

The Special Criminal Court sits in Dublin and has jurisdiction over offences against the State Act 1939, intimidation of witnesses or jury.

The Court of Criminal Appeals is an appellate court and hears...
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