Court of Appeal Act 2014

PART 1 Preliminary and General

1. Short title, commencement, construction and collective citations

1.(1) This Act may be cited as the Court of Appeal Act 2014.

(2) This Act, other than sections 5 and 12(a), shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions, and for the repeal of different provisions of the enactments effected by section 73.

(3) The Courts of Justice Acts 1924 to 2008 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Courts of Justice Acts 1924 to 2014 and shall be construed together as one.

(4) The Court Officers Acts 1926 to 2012, the Courts and Court Officers Act 2009 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Court Officers Acts 1926 to 2014 and shall be construed together as one.

(5) The Courts (Supplemental Provisions) Acts 1961 to 2013 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2014 and shall be construed together as one.

2. Definitions

2. In this Act—

“Act of 1924” means the Courts of Justice Act 1924;

“Act of 1936” means the Courts of Justice Act 1936;

“Act of 1961” means the Courts (Supplemental Provisions) Act 1961;

“Act of 1995” means the Courts and Court Officers Act 1995;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under—

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b);

“the establishment day” means the day appointed by the Government by order under section 5 to be the day on which the Court of Appeal shall be established;

“Minister” means the Minister for Justice and Equ ality.

3. Regulations to remove difficulties

3. (1) If, in any respect, any difficulty arises in bringing any provision of—

(a) this Act, or

(b) a specified Article of the Constitution, into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 2 years commencing on the day on which the provision came into operation.

(2) Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.

(3) In this section “specified Article” means, in relation to the Constitution, Article 34.2, 34.4, 34.5.3, 34.5.4, 34A or 64.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Court of Appeal

Chapter 1 Establishment of Court of Appeal

5. Establishment day

5. The Government shall, by order, appoint a day to be the establishment day for the purposes of this Act.

6. Establishment and constitution of Court of Appeal

6. The Courts (Establishment and Constitution) Act 1961 is amended by the insertion of the following section after section 1:

“1A. (1) On the establishment day, the Court of Appeal, referred to in paragraph ii of Article 34.2 of the Constitution as An Chúirt Achomhairc (the Court of Appeal), shall stand established.

(2) The Court of Appeal shall be constituted of the following judges:

(a) the president thereof, who shall be styled ‘Uachtarán na Cúirte Achomhairc’ (‘President of the Court of Appeal’);

(b) not more than 9 ordinary judges, each of whom shall be styled ‘Breitheamh den Chúirt Achomhairc’ (‘Judge of the Court of Appeal’).

(3) The Chief Justice and the President of the High Court shall be ex officio additional judges of the Court of Appeal.

(4) The President of the Court of Appeal shall be ex officio an additional judge of the Supreme Court and of the High Court.

(5) Where, owing to the illness of a judge of the Court of Appeal or for any other reason, a sufficient number of judges of the Court of Appeal 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 Court of Appeal 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 Court of Appeal—

(a) the President of the Court of Appeal may, having consulted with the President of the High Court, request any ordinary judge of the High Court, or

(b) the Chief Justice, at the request of the President of the Court of Appeal, may request any ordinary judge of the Supreme Court,

to sit in the Court of Appeal as an additional judge thereof, and every ordinary judge of the High Court or the Supreme Court, as the case may be, so requested shall sit in the Court of Appeal.

(6) Whenever an ordinary judge of—

(a) the High Court, or

(b) the Supreme Court,

sits in the Court of Appeal in pursuance of subsection (5), he or she shall be an additional judge of the Court of Appeal for all the purposes of that Court.

(7) In this section ‘the establishment day’ has the same meaning as it has in section 2 of the Court of Appeal Act 2014. ”.

7. Amendment of section 2 of Act of 1961

7. Section 2 of the Act of 1961 is amended, by the insertion of the following definitions:

“ ‘the Act of 2014’ means the Court of Appeal Act 2014;

‘the Court of Appeal’ means the Court established by section 1A of the Principal Act;”.

8. General jurisdiction of Court of Appeal

8. The Act of 1961 is amended by the insertion of the following section after section 7:

“7A. (1) The Court of Appeal shall be a superior court of record with such appellate jurisdiction as is prescribed by the Constitution.

(2) Subject to the provisions of Article 64 of the Constitution and section 78(3) of the Act of 2014, there shall be vested in the Court of Appeal all appellate jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Supreme Court.

(3) Subject to section 78(1) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Court of Criminal Appeal.

(4) Subject to section 78(2) and (3) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Courts-Martial Appeal Court.

(5) The Court of Appeal may sit in divisions of 3 judges (including judges who are, by virtue of section 1A(3) or (6) of the Courts (Establishment and Constitution) Act 1961, additional judges of the Court of Appeal) and the divisions may sit at the same time.

(6) Notwithstanding the generality of subsection (5), an interlocutory application relating to an appeal before the Court of Appeal or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by—

(a) the President of the Court of Appeal sitting alone, or

(b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

(7) Where the Court of Appeal is exercising its jurisdiction in respect of a criminal matter before it, then unless the matter is one which involves a question as to the validity of any law having regard to the provisions of the Constitution, the decision of the majority of the judges of the Court hearing the case shall be the decision of the Court of Appeal and it shall be pronounced by such one of the judges of the Court as that Court shall direct and no other opinion whether assenting or dissenting shall be pronounced, nor shall the existence of any such other opinion be disclosed.

(8) The jurisdiction vested in the Court of Appeal shall include all powers, duties and authorities incidental to the jurisdiction so vested.

(9) In this section—

(a) ‘the establishment day’ has the same meaning as it has in section 2 of the Act of 2014, and

(b) a reference to an ‘interlocutory application’ includes a reference to an application which may be made under any enactment to the Court of Appeal in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.”.

9. Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances

9. The Act of 1961 is amended by the insertion of the following section after section 7A (inserted by section 8 of the Court of Appeal Act 2014):

“7B. (1) Without prejudice to the jurisdiction of the Supreme Court as is prescribed by the Constitution, where proceedings in respect of an appeal from a decision of the High Court are before the Court of Appeal, the Court of Appeal may—

(a) of its own motion, or

(b) upon application to it in that behalf by one or more parties (in this section referred to as the ‘applicant’) to the proceedings,

by order stay the proceedings before it to enable the applicant to apply to the Supreme Court for leave to appeal under Article 34.5.4 of the Constitution from the decision of the High Court.

(2) An order to stay proceedings under subsection (1) may only be made by the Court of Appeal where—

(a) the proceedings concerned have not been heard in full or in part by the Court of Appeal, and

(b) the parties to the proceedings consent to the making of such an order.

(3) Where the Court of Appeal makes an order to stay proceedings under subsection (1), no further step may be taken in respect of those proceedings, other than with the leave of the Court of Appeal, until such time as the Supreme Court makes a determination in respect of the application for leave to appeal.

(4) Where the Supreme Court grants an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall, in respect of the proceedings before it, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal.

(5) Where the Supreme Court refuses an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall make such order as it thinks fit to provide for the continuance of the proceedings.

(6) This section is in addition to, and not in substitution for, any power of the Court of Appeal to stay proceedings before it.

(7) For the purposes of this section an appeal shall not be taken to have been heard in part by reason of the Court of Appeal having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Court of Appeal having heard any procedural application or motion in the matter.”

10. President of Court of Appeal may issue practice directions

10.The Act of 1961 is amended by the insertion of the following section after section 7B (inserted by section 9 of the Court of Appeal Act 2014):

“7C. (1) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

(a) the President of the Court of Appeal sitting alone, or

(b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal,

may, subject to any practice direction issued under subsection (2), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Court of Appeal.

(2) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the President of the Court of Appeal may issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of appeals or applications made to the Court of Appeal.

(3) A practice direction may relate to—

(a) civil or criminal proceedings, or both, or

(b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the Court of Appeal to be necessary or expedient for the purposes of the direction.

(4) A practice direction shall be published in such manner as the President of the Court of Appeal may direct.

(5) This section is without prejudice to any powers of the Court of Appeal in respect of proceedings before it.

(6) In this section—

‘appeal’ includes a cross-appeal or request to vary an order under appeal;

‘party’ includes a notice party or a party permitted by the Court of Appeal to intervene in proceedings.”.

Chapter 2 Appointment of Judges of Court of Appeal

11. Amendment of section 5 of Act of 1961

11. Section 5 (amended by section 4 of the Courts and Court Officers Act 2002) of the Act of 1961 is amended—

(a) in subsection (2)(a), by the substitution of “Supreme Court, the Court of Appeal” for “Supreme Court”,

(b) in subsection (2)(b), by the substitution of “judge of the Supreme Court, the Court of Appeal” for “judge of the Supreme Court”,

(c) in subsection (2)(c), by the substitution of “judge of the Supreme Court, the Court of Appeal” for “judge of the Supreme Court”,

(d) by the substitution of the following subsection for subsection (3):

(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.”,

(e) by the substitution of the following subsection for subsection (4):

(4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.”,

(f) by the substitution of the following subsection for subsection (5):

(5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.”,

and

(g) by the insertion of the following subsections after subsection (5):

(6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice.

(7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.”.

12. Amendment of Act of 1995

12. The Act of 1995 is amended—

(a) in section 12—

(i) by the designation of that section as subsection (1),

(ii) by the insertion of the following definition after the definition of “the Board”:

“ ‘the establishment day’ has the same meaning as it has in section 2 of the Court Of Appeal Act 2014;”,

(iii) by the substitution of the following definition for the definition of “judicial office”:

“ ‘judicial office’ means an office being the office of ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal, ordinary judge of the High Court, ordinary judge of the Circuit Court, specialist judge of the Circuit Court, or judge of the District Court (other than the President of the District Court).”,

and

(iv) by the insertion of the following subsection after subsection (1):

(2) The office of ordinary judge of the Court of Appeal referred to in the definition of ‘judicial office’ shall, on the commencement of section 12(a) of the Court of Appeal Act 2014, be deemed to be a judicial office and have effect accordingly for the purposes of this Part irrespective of whether section 12(a) of that Act is commenced before the establishment day.”,

(b) in section 13(2)(a), by the insertion of the following subparagraph after subparagraph (i):

“(ia) the President of the Court of Appeal,”,

(c) in section 15, by the insertion of the following subsection after subsection (1):

(1A) On the death or retirement of the President of the Court of Appeal, the senior ordinary judge of the Court of Appeal who is for the time being available shall be a member of the Board until the appointment of a President of the Court of Appeal.”,

and

(d) in section 16(7) (amended by section 192 of the Personal Insolvency Act 2012)—

(i) in paragraph (a), by the substitution of the following subparagraph for subparagraph (i):

“(i) subsection (2) of section 5 (amended by section 11 of the Court of Appeal Act 2014) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court, of ordinary judge of the Court of Appeal or of ordinary judge of the High Court),”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) (i) The Board shall recommend a person to the Minister under this section only if the Board is of the opinion that the person—

(I) has displayed in his or her practice as a barrister or a solicitor a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned,