COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961

AN ACT TO ESTABLISH, IN PURSUANCE OF ARTICLE 34 OF THE CONSTITUTION, A COURT OF FINAL APPEAL, THE COURT OF CRIMINAL APPEAL AND COURTS OF FIRST INSTANCE, TO SPECIFY THE CONSTITUTION OF THOSE COURTS, TO PROVIDE FOR THE VACATION OF JUDICIAL OFFICES AND THE FILLING OF VACANCIES THEREIN, AND, IN PURSUANCE OF ARTICLE 58 OF THE CONSTITUTION, TO DISESTABLISH THE SEVERAL COURTS OF JUSTICE MENTIONED IN THAT ARTICLE AND TO ABOLISH THE OFFICES OF THE JUDGES AND JUSTICES THEREOF. [16th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Establishment and constitution of the Supreme Court.

1.—(1) On the commencement of this Act, the Court of Final Appeal, which in pursuance of Article 34 of the Constitution is to be called An Chúirt Uachtarach (The Supreme Court), shall stand established.

• (2) The Supreme Court shall be constituted of the following judges—

• (a) the president thereof, namely, An Príomh-Bhreitheamh (The Chief Justice), and

• (b) such number (not being less than four) of ordinary judges (each of whom shall be styled “Breitheamh den Chúirt Uachtarach” (“Judge of the Supreme Court”)) as may from time to time be fixed by Act of the Oireachtas.

• (3) The President of the High Court shall be ex officio an additional judge of the Supreme Court.

• (4) Where, owing to the illness of a judge of the Supreme Court or for any other reason, a sufficient number of judges of the Supreme Court is not available for the transaction of the business of that Court, the Chief Justice may request any ordinary judge or judges of the High Court to sit on the hearing of any appeal to or other matter cognisable by the Supreme Court, and any judge so requested shall sit on the hearing of such appeal or other matter and be an additional judge of the Supreme Court for such appeal or other matter.

2 Establishment and constitution of the High Court.

2.—(1) On the commencement of this Act, the Court of First Instance referred to in Article 34 of the Constitution as An Ard-Chúirt (The High Court) shall stand established.

• (2) The High Court shall be constituted of the following judges—

• (a) the president thereof, who shall be styled “Uachtarán na hArd-Chúirte” (“The President of the High Court”), and

• (b) such number of ordinary judges (each of whom shall be styled “Breitheamh den Ard-Chúirt” (“Judge of the High Court”)) as may from time to time be fixed by Act of the Oireachtas.

• (3) The Chief Justice shall be ex officio an additional judge of the High Court.

• (4) The President of the Circuit Court shall be ex officio an additional judge of the High Court.

• (5)
• (a) Where, owing to the illness of a judge of the High Court or for any other reason, a sufficient number of judges of the High Court is not available for the transaction of the business of that Court or, on account of the volume of business to be transacted in the High Court or for any other reason arising from the state of business in that Court, it is expedient to increase temporarily the number of judges available for the purposes of the High Court, the Chief Justice, at the request of the President of the High Court, may request any ordinary judge of the Supreme Court to sit in the High Court as an additional judge thereof, and every ordinary judge of the Supreme Court so requested shall sit in the High Court.

• (b) Whenever an ordinary judge of the Supreme Court sits in the High Court in pursuance of this subsection, he shall be an additional judge of the High Court for all the purposes of that Court.

3 Establishment and constitution of the Court of Criminal Appeal.

3.—(1) On the commencement of this Act, a Court of Appeal, which shall be called An Chúirt Achomhairc Choiriúil (The Court of Criminal Appeal), shall stand established.

• (2) For the purpose of hearing and determining any particular appeal cognisable by the Court of Criminal Appeal, the Court of Criminal Appeal shall be summoned in accordance with directions to be given by the Chief Justice, and the Court shall be duly constituted if it consists of not less than three judges—

• (a) of whom one shall be either—

• (i) the Chief Justice, or

• (ii) an ordinary judge of the Supreme Court nominated by the Chief Justice, and

• (b) of whom the other two shall be either—

• (i) two ordinary judges of the High Court nominated by the Chief Justice, or

• (ii) the President of the High Court, if nominated by the Chief Justice and willing to act, and one ordinary judge of the High Court nominated by the Chief Justice,

but any other available judge or judges of the Supreme Court or the High Court may, at the request of the Chief Justice, attend as a member or members of the Court.

4 Establishment and constitution of the Circuit Court.

4.—(1) On the commencement of this Act, a Court of First Instance, which shall be called An Chúirt Chuarda (The Circuit Court) shall stand established.

• (2) The Circuit Court shall be constituted of the following judges—

• (a) a judge, who shall be styled “Uachtarán na Cúirte Cuarda” (“The President of the Circuit Court”), and

• (b) such number of ordinary judges (each of whom shall be styled “Breitheamh den Chúirt Chuarda” (“Judge of the Circuit Court”)) as may from time to time be fixed by Act of the Oireachtas.

5 Establishment and constitution of the District Court.

5.—(1) On the commencement of this Act, a Court of First Instance, which shall be called An Chúirt Dúiche (The District Court), shall stand established.

• (2) The District Court shall be constituted of the following judges—

• (a) a judge who shall be styled “Uachtarán na Cúirte Dúiche” (“The President of the District Court”), and

• (b) such number of other judges (each of whom shall be styled “Breitheamh den Chúirt Dúiche” (“Justice of the District Court”)) as may from time to time be fixed by Act of the Oireachtas.

6 Vacation of judicial office and filling of vacancy.

6.—(1) In this section, the expression “judicial office” means an office being—

• (a) the office of Chief Justice, President of the High Court, ordinary judge of the Supreme Court, ordinary judge of the High Court, President of the Circuit Court or ordinary judge of the Circuit Court, or

• (b) the office of President of the District Court or justice of the District Court.

• (2) A judicial office held by any person may be vacated by resignation in writing under his hand addressed to the President and transmitted to the Taoiseach.

• (3) A judicial office held by any person shall be vacated by his being appointed, with his consent, to another judicial office.

• (4) The office held by each person who, immediately before the commencement of this Act, was a judge or justice of any of the courts of justice mentioned in Article 58 of the Constitution shall be vacated by his being appointed, with his consent, to a judicial office.

• (5) Each of the following Courts, namely, the Supreme Court, the High Court and the Circuit Court, shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of that Court.

• (6) The District Court shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of President or any justice thereof.

• (7) Where a vacancy occurs in a judicial office, a person may be appointed to fill the vacancy.

7 Cesser of exercise of jurisdiction by courts mentioned in Article 58 of the Constitution, disestablishment of those courts and abolition of offices of judges and justices thereof.

7.—(1) In this section, the expression “the existing courts” means the several courts of justice mentioned in Article 58 of the Constitution.

• (2) The existing courts shall, on the commencement of this Act, cease to exercise any jurisdiction.

• (3) When every person who immediately before the commencement of this Act held the office of judge or justice of any of the existing courts has vacated that office—

• (a) the existing courts shall cease to be established,

• (b) every such office shall stand abolished.

8 Short title and commencement.

8.—(1) This Act may be cited as the Courts (Establishment and Constitution) Act, 1961.

• (2) This Act shall come into operation on such date as may be fixed therefor by order of the Government.