Courts Service Annual Report 2020 Mission Statement“ To manage the courts, support the judiciary and provide a high quality and professional service to all users of the courts. Table of Contents At a glance..................................................................................................1 Glossary of terms .......................................................................................2 Structure of the Courts ...............................................................................5 Foreword by the Chief Justice and Chairperson of the Board ....................6 Chapter 1: About the Courts Service ..........................................................8 Chapter 2: The year in review ..................................................................15 Chapter 3: The year in numbers ...............................................................38 Chapter 4: Governance and transparency ............................................. 118 Chapter 5: Legislative provisions and reports of the Rules Committees ................................................................130 Chapter 6: Financial statements .............................................................139 Chapter 7: Additional Information ...........................................................152 2020 At a glance | 1 0 €1.981bn €5.436m 2,411 Record of Covid-19 Court funds Covid-19 related Remote Court being acquired managed expenditure sessions in 2020 or transmitted in any workplace or courtroom At a glance Capital Members of staff Training Days Irish Prison expenditure availed of our fi rst virtual delivered Service remote classroom sessions appearances €66.1m 140 1,300 13,326 Delivering excellent services to court users; working in partnership 2020 2030 2 | Courts Service Annual Report 2020 Glossary of Terms Appeal – a proceeding, taken by a party to a Defendant – a person against whom an action case who is dissatisfi ed with a decision made, is brought; a person charged with a criminal to a court having authority to review or set offence. aside that decision. Emergency care order – an order placing a Barring order – an order preventing the child under the care of the Child and Family person against whom the order is made (‘the Agency (Tusla) for a maximum period of eight respondent’) from entering the family home days if the court considers that there is a or using or threatening violence against serious risk to the health or welfare of a child. the person who applied for the order (‘the applicant’) or other family members. Indictment – (a) a formal document setting out certain kinds of charges against an Care order – an order placing a child in the accused person or (b) the process by which care of the Child and Family Agency (Tusla) those charges are presented against the until he or she reaches the age of eighteen or accused. a shorter period as determined by the court. Indictable offence – an offence which, if Certifi ed list – a list of cases certifi ed by committed by an adult, is triable on indictment. counsel as being ready for hearing. Injunction – an order of the court directing Civil Bill – a document used to commence a a party to an action to do, or to refrain from civil case in the Circuit Court, it gives details of doing, something. the parties to the case and details of the claim being made. Interim barring order – an immediate order, requiring the person against whom the order Claim Notice – a document used to is made (‘the respondent’) to leave the family commence a civil case in the District Court, home, pending the hearing of an application it gives details of the parties to the case and for a barring order. details of the claim being made. Interim care order – an order, granted when Debt relief notice – one of three debt an application for a care order has been or resolution mechanisms introduced by is about to be made, requiring that the child the Personal Insolvency Act, 2012 to named in the order be placed in the care of help mortgage-holders and others with the Child and Family Agency (Tusla). unsustainable debt to reach agreements with their creditors. It allows for the write-off of Intestate – dying without making a valid will. qualifying debt up to €20,000, subject to a three-year supervision period. Judicial review – a legal remedy available in situations where a body or tribunal is alleged Debt settlement arrangement – one of to have acted in excess of legal authority or three debt resolution mechanisms introduced contrary to its duty. by the Personal Insolvency Act, 2012 to help mortgage-holders and others with Judicial separation – a decree granted by unsustainable debt to reach agreements the court relieving spouses to a marriage of with their creditors. It applies to the agreed the obligation to cohabit. settlement of unsecured debts, usually over a period of fi ve years. Jurisdiction – (a) the power of a court or judge to hear an action, petition or other Defence – a document delivered by the proceeding, or (b) the geographical area within defendant to the plaintiff in response to a civil which such power may be exercised. bill in the Circuit Court or a plenary summons in the High Court. Delivering excellent services to court users; working in partnership 2020 2030 Glossary of Terms | 3 Liquidated debt – a claim for a specifi ed Safety order – an order prohibiting the amount of money. person against whom the order is made (‘the respondent’) from committing further acts of Mortgage suit – a form of proceeding violence or threatening to do so. It does not to recover a debt owed to the holder of prevent the respondent from entering the security on property – by forcing the sale of family home. the property (usually on foot of a judgment mortgage or an equitable mortgage). Special exemption order – an order allowing a licensee to sell alcohol outside the normal National Development Finance Agency licensing hours subject to certain conditions. - The NDFA is an integrated fi nance, procurement and project delivery model Special summons – document used to established within the National Treasury begin certain civil proceedings (e.g. equity Management Agency to bring a unifi ed claims, mortgage enforcement, administration commercial approach to the procurement and of trusts) in the High Court to be heard on project management of new public sector affi davit (i.e. not oral evidence). projects, including Public Private Partnerships. Specifi c performance - an order of a court Noelle prosequi – the entering by the which requires a party to perform a specifi c prosecution of a stay on criminal proceedings act, usually what is stated in a contract e.g. (not to be confused with an acquittal). contracts for the sale, purchase or lease of land. It is an alternative to awarding damages, Personal insolvency arrangement – and is a discretionary equitable remedy. one of three debt resolution mechanisms introduced by the Personal Insolvency Act, Summary judgment – judgment for a claim 2012 to help mortgage-holders and others in respect of a debt or specifi c monetary with unsustainable debt to reach agreements demand. The judgment is given to the plaintiff with their creditors. It applies to the agreed against the defendant in a court offi ce without settlement and/or restructuring of secured the need to bring the claim to court. debts up to a total of €3 million (as well as unsecured debts) over a period of six years. Summary summons – document used to commence certain civil proceedings (e.g. Petition – document used to commence claims for a specifi c amount of money, certain civil proceedings in the High Court recovery of possession by a landlord) in the (e.g. application to wind up a company, have a High Court, to be heard on affi davit. person adjudicated bankrupt). Supervision order – an order allowing the Plaintiff – a person who brings a legal action Child and Family Agency (Tusla) to monitor a against another. child considered to be at risk. The child is not removed from his or her home environment. A Plenary summons – document used to supervision order is for a fi xed period of time commence certain civil proceedings (e.g. not longer than 12 months initially. claims for non–specifi c damages, libel, nuisance) in the High Court where pleadings and oral evidence are required. Protection order – an interim order, granted when an application for a safety/barring order has been made, prohibiting the person against whom the order is made (‘the respondent’) from committing further acts of violence or threatening violence. Delivering excellent services to court users; working in partnership 2020 2030 4 | Courts Service Annual Report 2020 Our primary functions“ are to manage the courts, support the Judiciary, provide information on the courts system to the public, and provide court buildings and facilities for court users. Delivering excellent services to court users; working in partnership 2020 2030 Structure of the Courts | 5 Structure of the Courts Supreme Court The court of fi nal appeal in civil and criminal matters. Appeals may be made only where the court grants permission in limited circumstances as set out in the Constitution. Can decide on the constitutionality of a bill if referred to it by the President. Can determine a question of the permanent incapacity of the President if it arises. High Court Court of Appeal Central Criminal Has full original jurisdiction Deals with appeals from in, and power to determine, Court the High Court in civil all matters and questions, Criminal division of the cases and appeals from