Judicature (Northern Ireland) Act 1978

Type Public General Act
Publication 1978-06-30
Last updated 2026-03-16
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
549

Words in s. 14(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 14 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

552

Word in s. 2(1) substituted (N.I.) (15.12.2020) by The Maximum Number of Judges Order (Northern Ireland) 2020 (S.R. 2020/248), arts. 1, 2

555
556

Word in s. 82(1)(k) substituted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 7 para. 2(b); S.R. 2011/224, art. 2

560

Sch. 5 entries repealed (15.10.2002 for specified purposes, 3.4.2006 for specified purposes, 12.4.2010 for specified purposes) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2002/319, art. 2, Sch.; S.R. 2006/124, art. 2, Sch. para. 11(f); S.R. 2010/113, art. 2, Sch. para. 21(i)

563
565

Words in s. 25A(3) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(3)(c), 61(3); S.I. 2013/2200, art. 5

570

S. 81 renumbered as s. 81(1) (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 98(2), 111(3); S.R. 2011/224, art. 2

576

S. 25A(2A) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(3)(b), 61(3); S.I. 2013/2200, art. 5

577

S. 62(1)(b) omitted (N.I.) (7.6.2022) by virtue of Defamation Act (Northern Ireland) 2022 (c. 30), ss. 7, 14

578

Words in s. 25A(2) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(3)(a), 61(3); S.I. 2013/2200, art. 5

579

Words in s. 116(1) inserted (N.I.) (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 59(1), 61(1)

590

Words in s. 82(1) substituted (N.I.) (22.8.2016) by Financial Provisions Act (Northern Ireland) 2014 (c. 6), ss. 8(a), 13(2); S.R. 2016/312, art. 2

591
593

Words in s. 3(4) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 11 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

595

Ss. 12-12C substituted for ss. 12, 12B (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(1), 5(7), Sch. 2 (with Sch. 5 paras. 10, 11); S.I. 2010/812, art. 2

610

S. 54(1)(d)-(f) amendment to earlier amending provision 2002 c. 26, s. 73(1) (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 66(a) (with arts. 28-31)

614
616

Words in s. 68(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

619

Words in Sch. 5 Pt. 2 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

620

Words in Sch. 5 Pt. 2 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

621

Words in Pt. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

624

S. 35(2)(fa) substituted (1.8.2025) by Arbitration Act 2025 (c. 4), ss. 13(2), 17(2); S.I. 2025/905, reg. 2

Power to require advance production.

Magistrates’ courts

. . .

Section 9 shall, in the case of purchase money or compensation for damage or injury to, lands in Northern Ireland, have effect with the insertion after the words “deposited in the Bank” of the words “or the Supreme Court”.

. . .

. . .

For section 13 substitute—

For section 13 substitute—

In section 1(2) in the definition of “civil service of the Crown” after the words “Northern Ireland” insert the words “, the Northern Ireland Court Service”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 30(1) in the definition of “Presentation” for the words “Principal Probate Registry” substitute the words “Probate and Matrimonial Office”.

Accounts of funds in court.

. . .

Section 9 shall, in the case of purchase money or compensation for damage or injury to, lands in Northern Ireland, have effect with the insertion after the words “deposited in the Bank” of the words “or the Court of Judicature”.

. . .

. . .

In section 2 for the words from “in the court of the King’s bench” to “case shall require” substitute the words “in the Crown Court”.

In section 30(1) in the definition of “Presentation” for the words “Principal Probate Registry” substitute the words “Probate and Matrimonial Office”.

12A

Her Majesty may from time to time, on the recommendation of the First Minister and deputy First Minister acting jointly, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).

12A

Her Majesty may, from time to time, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).

Interpretation.

In section 30(1) in the definition of “Presentation” for the words “Principal Probate Registry” substitute the words “Probate and Matrimonial Office”.

Rules of Court.

High Court and Court of Appeal to be continuing courts.

Appointment and qualification of statutory officers.

Superannuation of statutory officers.

Property held by officers.

Accounts of funds in court.

Magistrates’ courts

Making and control of subordinate legislation.

Financial provisions.

In sections 3 and 4 references to a writ of subpoena requiring the appearance of a person to give evidence shall be construed as including references to any summons or order issued by the Crown Court in Northern Ireland for the appearance of a person before it.

Section 69 shall, in the case of purchase money or compensation payable in respect of, or of an interest in, or for damage to, lands in Northern Ireland, have effect with the substitution for the words from “be paid into the Bank” to “the said courts” of the words “be paid into the Court of Judicature”.

In section 10 for the words “several assistant barristers, recorders of cities or boroughs and”, the words “assistant barrister, recorder” and the words “assistant barrister or recorder” substitute the words “judge of the Crown Court”.

In section 56 for the words from “into the Bank of Ireland” to “receipt of the money” substitute the words “into the Supreme Court of Judicature of Northern Ireland (“the Supreme Court”) and” ; and the words “into the bank” shall cease to have effect.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For section 19 substitute—

In Part I of Schedule 1 for the words from “Temporary County Court Judge” to “deputy of such a Judge” substitute the words “or deputy County Court Judge in Northern Ireland”.

In section 2 for the words from “in the court of the King’s bench” to “case shall require” substitute the words “in the Crown Court”.

For section 33(7) substitute—

102A
  • (1) If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
  • (a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
  • (b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.
  • (2) If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
  • (a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
  • (b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.
  • (3) A direction under this section may relate to the whole, or to part, of the proceedings concerned.
102B
  • (1) It is an offence for a person to make—
  • (a) an unauthorised recording, or
  • (b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a direction under section 102A.

  • (2) It is an offence for a person to make—
  • (a) an unauthorised recording, or
  • (b) an unauthorised transmission,

of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.

  • (3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—
  • (a) was not in designated live-streaming premises, and
  • (b) did not know, and could not reasonably have known, that the image or sound was—
  • (i) being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), or
  • (ii) an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).
  • (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (5) For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
  • (6) For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
  • (a) authorised by a direction under section 102A,
  • (b) otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or
  • (c) authorised (generally or specifically) by the Department.
102C
  • (1) It is an offence for a person to make—
  • (a) an unauthorised recording, or
  • (b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

  • (2) It is an offence for a person (“P”) to make—
  • (a) an unauthorised recording, or
  • (b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.

  • (3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—
  • (a) was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
  • (b) was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (in the case of an offence under subsection (2)).
  • (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (5) For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
  • (6) For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
  • (a) authorised (generally or specifically) by the court or tribunal in which the proceedings are conducted, or
  • (b) authorised (generally or specifically) by the Department.
102D
  • (1) This section applies for the purposes of this Part.
  • (2) The following expressions have the meanings given—
  • “court” means—the Court of Appeal,the High Court,the Crown Court,a county court, ora magistrates' court;
  • “court or tribunal proceedings” means any proceedings in any court or statutory tribunal;
  • “the Department”—in relation to a court, means the Department of Justice, andin relation to a statutory tribunal, means a Northern Ireland department;
  • “designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 102A;
  • “recording” means a recording on any medium—of a single image, a moving image or any sound, orfrom which a single image, a moving image or any sound may be produced or reproduced;
  • “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—a court, orany tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;
  • “transmission” means any transmission by electronic means of a single image, a moving image or any sound.
  • (3) A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—
  • (a) enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
  • (b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
  • (4) Proceedings are conducted wholly as video proceedings if—
  • (a) directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and
  • (b) all those persons take part in the proceedings in accordance with those directions.
  • (5) A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—
  • (a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
  • (b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
  • (6) Proceedings are conducted wholly as audio proceedings if—
  • (a) directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and
  • (b) all those persons take part in the proceedings in accordance with those directions.
  • (7) An image or sound—
  • (a) is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;
  • (b) is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.
  • (8) The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).

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