Thecourts of assizes orassizes were the higher criminalcourt inIreland outside Dublin prior to 1924 (and continued inNorthern Ireland until 1978). They have now been abolished in both jurisdictions.
The assizes had jurisdiction outside Dublin over the most serious criminal offences, such astreason and murder.[1] Persons accused of these crimes would first come before thepetty sessions, where ajustice of the peace orresident magistrate would decide if there was sufficient evidence to justify a trial. If such evidence existed, the magistrate would issue a bill ofindictment and refer the matter to agrand jury, which would decide if the bill was correct and supported by evidence, issuing an indictment.
The assizes themselves consisted of a judge of theCourt of King's Bench, or after theJudicature (Ireland) Acts, theHigh Court of Justice in Ireland, sitting with a petty jury.
In Dublin city and county, there were no assizes. Until 1729 serious criminal trials were held at theCourt of King's Bench. That year theDublin Commission Court was established, having the commissions ofoyer and terminer andgaol delivery which elsewhere were held by the assizes.[2] Technically there were separate city and county commissions; the same judges sat on each, but theLord Mayor of Dublin formally presided at the city commission's opening. The Commission Court sat six times a year, latterly atGreen Street Court House.[3]
The city ofBelfast, which became acounty borough under theLocal Government (Ireland) Act 1898, gained a City Commission on the Dublin model after becoming the capital ofNorthern Ireland under theGovernment of Ireland Act 1920. SirDenis Henry, the firstLord Chief Justice of Northern Ireland, was instrumental in establishing it as part of theCourts of Northern Ireland.[4]
In theIrish Free State the assizes were abolished under theCourts of Justice Act, 1924. However, murder, rape andtreason (the latter is now extremely rarely prosecuted) must still be heard by aHigh Court judge and a jury. When this court sits inDublin, it is called theCentral Criminal Court, when it sits (twice yearly) elsewhere it is the High Court on Circuit. Less serious indictable offences are heard by theCircuit Court.
After thepartition of Ireland, the jurisdiction of the High Court of Justice was transferred in Northern Ireland to the High Court of Northern Ireland and judges of that Court now sat at Assizes. The Assizes, and the Belfast City Commission, were abolished under the Judicature (Northern Ireland) Act 1978 and replaced by a singleCrown Court in Northern Ireland.[5]