Family law cases rise as number of murder and rape trials jumped by 57% last year

The number of murder and serious sexual offence trials held in Irish courts increased by 57% last year, figures show (Julien Behal/PA)

Family law cases continued to rise in 2021, with increases in divorce applications, child access cases and child care orders.

Child abduction cases before the courts also rose, with a near doubling in emergency orders before the High Court last year.

The Courts Service Annual Report 2021 reveals a 75% jump in property possession cases and a 57% increase in murder and rape trials held.

It shows that of the 251 sentences handed down for rape and attempted rape in the Central Criminal Court last year:

• 110 (44%) received sentences of longer than 10 years;
• 98 (39%) attracted sentences of between five and 10 years;
• 43 (17%) received sentences of less than five years Chief Justice Donal O’Donnell Chief Justice, who is also chairperson of the Courts Service Board, highlighted “increases in the area of family law” but also noted a 35% rise in the amount of family law cases finalised in the courts.

A breakdown of incoming family law cases in 2021 shows:

• 11% increase in divorce cases — from 5,266 in 2020 to 5,856 in 2021;
• 14.5% rise in child custody and access cases — from 8,747 to 10,016;
• 8% increase in maintenance cases — from 5,055 to 5,451;
• 2% decrease in domestic violence orders — from 22,970 to 22,596  — with emergency (or interim) barring order applications remaining unchanged;
• 52% jump in child abduction cases — from 21 to 32 — including a near doubling in interim order applications;
• 7.5% increase in child supervision and care orders — from 13,203 to 14,194 — including a 15% rise in interim care order applications In other areas of civil law, personal injury actions were down 12%, but property possession cases were up 75%, from 272 to 477, in the Circuit Court.

There was a 29% increase in property cases in the High Court, from 55 to 71.

The report said the “relatively low” numbers of new applications appeared to be related to the moratorium on repossession during the pandemic by financial institutions.

In relation to divorce applications, 59% of the applications in the Circuit Court (where 5,808 of all 5,856 divorce applications were heard) were taken by wives, increasing to 65% for cases in the High Court.

There was a decrease in judicial separation cases — from 636 to 550 — but a rise in dissolution of civil partnerships – from 60 to 75.

In domestic violence, there was a sharp fall in barring order applications — from 3,577 to 2,987 — but a rise in protection order applications — from 7,649 to 8,269 — and an increase in safety order applications – from 8,887 to 8,918.

The number of emergency (interim) barring order applications remained unchanged — from 1,918 to 1,917.

There was a slight increase in serious criminal offences — from 21,322 to 22,022 — before the Circuit Criminal Court, the Central Criminal Court and the non-jury Special Criminal Court.

Almost 213,000 defendants faced less serious criminal charges in the District Court in 2021, in relation to almost 353,500 offences – more than half for road traffic offences.

In the Circuit Court, more than 6,300 defendants were charged in relation to almost 18,700 offences.

Of those defendants, 1,473 faced larceny or fraud charges, 1,114 faced assault charges, 892 faced drug offences and 709 firearms charges.

There were 395 defendants before the Central Criminal Court on 3,600 charges. Of the defendants, 190 faced rape and attempted rape offences and 106 faced other serious sexual offences.

Some 44 people were charged with murder or attempted murder and 17 faced assault charges.

Remote hearings

The Chief Justice noted a significant increase in remote hearings, use of non-court venues and a large take up in video-link between courts and prisons in 2021.

Courts Service CEO Angela Denning said video links numbered 20,634 in 2021, up 59% in 2020.

She said 104 courtrooms facilitated more than 38,000 video calls in total and said there were plans to expand video technology to 160 courtrooms by 2026.

The report said an estimated €7m was saved as a result of technology developments in 2021.

The report also noted that the Central Criminal Court sat outside of Dublin in 2021, including in Cork, Castlebar, Kilkenny, Sligo, Tullamore and Waterford.