Courts (Supplemental Provisions) Act 1961

General jurisdiction of Supreme Court.

7

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

(2) There shall be vested in the Supreme Court—

(a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former Court of Appeal in Southern Ireland or any judge or judges thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court,

(b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court.

F14[(3) The Supreme Court may sit in two or more divisions and they may sit at the same time.

F15[(3A) Without prejudice to the generality of subsection (3), an interlocutory application relating to an appeal before the Supreme Court 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 Chief Justice sitting alone, or

(b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice.]

(4) Subject to subsection (5) of this section, the Chief Justice or, in his or her absence the senior ordinary judge of the Supreme Court for the time being available, may determine that an appeal to or other matter cognisable by the Supreme Court may be heard and determined by a division of five or three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 F15[or subsection (4) of section 1A] of the Principal Act, additional judges of the Supreme Court.

(5) An appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court including judges who are, by virtue of subsection (3) or (4) of section 1 F15[or subsection (4) of section 1A] of the Principal Act, additional judges of the Supreme Court.]

F15[(6) 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 Chief Justice sitting alone, or

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

may, subject to any practice direction issued under subsection (7), make any order, or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Supreme Court.

(7) 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 and, without prejudice to the generality of Article 64 of the Constitution and the powers of the Supreme Court in that regard, the Chief Justice may issue directions (in this section referred to as "practice directions") in relation to the conduct of appeals or applications made to the Supreme Court.

(8) 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 practice direction as appear to the Chief Justice to be necessary or expedient for the purposes of the direction.

(9) A practice direction under this section shall be published in such manner as the Chief Justice may direct.

(10) Subject to subsection (11), the following applications may be determined by the Supreme Court otherwise than with an oral hearing:

(a) an application seeking leave to appeal against a decision of the Court of Appeal or the High Court, as the case may be, (in this section referred to as "leave to appeal");

(b) an application referred to in Article 64.3.3° of the Constitution;

(c) an application referred to in Article 64.4.1° of the Constitution.

(11) Where the Supreme Court considers it appropriate to do, having considered the documents lodged in respect of an application referred to in subsection (10), it may direct that the application, or any matter arising on the application, be determined with an oral hearing.

(12) Where the Supreme Court directs under subsection (11) that an application be determined with an oral hearing, the direction shall be published in such manner as the Chief Justice shall direct.

(13) Subject to subsections (14) and (15), the determination of an application referred to in subsection (10) shall be published in such form and manner as the Chief Justice shall direct.

(14) Leave to appeal shall be granted by way of a certificate of the Supreme Court specifying the ground or grounds on which such appeal may be brought.

(15) Where the Supreme Court determines an application referred to in subsection (10), the Court shall state its reasons for the determination and such reasons may be stated briefly and in general terms.

(16) Where, upon application to it in that behalf by any party to an appeal against a decision of the High Court, the Supreme Court grants leave to appeal against the decision of the High Court, such grant of leave to appeal shall operate—

(a) where an appeal has also been made to the Court of Appeal, to discontinue the appeal proceedings before the Court of Appeal in respect of the grounds on which the Supreme Court has granted leave to appeal, or

(b) where no appeal has, at the time of the grant of the leave to appeal, been made to the Court of Appeal, to preclude such an appeal being made to the Court of Appeal on those grounds.

(17) Subsections (6) to (16) are without prejudice to any powers of the Supreme Court in respect of proceedings before it.

(18) In this section—

(a) "appeal" includes a cross-appeal or request to vary an order under appeal,

"party" includes a notice party or a party permitted by the Supreme Court to intervene in proceedings,

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

Annotations

Amendments:

F14

Substituted (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 7, commenced on enactment.

F15

Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 44(a)(i)-(iv), S.I. No. 479 of 2014, art. 2(c).

Modifications (not altering text):

C9

Application of subs. (4) extended (12.05.1981) by Courts Act 1981 (11/1981), s. 18(1)(b), commenced on enactment.

Temporary discharge of duties of certain judges.

18.—(1) (a)

(b) The power of determination conferred by section 7 (4) of the Courts (Supplemental Provisions) Act, 1961 , on the Chief Justice and exercisable in his absence, by virtue of that provision, by the senior ordinary judge of the Supreme Court for the time being available shall also be exercisable by the latter judge if the office of Chief Justice is vacant.

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