Special Criminal Court

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Special Criminal Court (SCC) sittings are usually held at the Criminal Courts of Justice complex in Dublin

The Special Criminal Court (SCC) (Irish: Cúirt Choiriúil Speisialta) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.

Legal basis

Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when the "ordinary courts are inadequate to secure the effective administration of justice".

The Offences against the State Act 1939 led to the establishment of the Special Criminal Court for the trial of certain offences.[1] The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:[1][2]

A further class of offences was added by Statutory Instrument later the same year under:[1][2]

Offenses under the Criminal Damage Act 1991 are also scheduled.[2]

Scheduled offences

Offences covered under the laws are known as "scheduled offences".

The Special Criminal Court also has jurisdiction over non-scheduled offences where the Attorney-General certifies, under s.47(2) of the under the Offences against the State Act 1939, that in his or her opinion the ordinary courts are "inadequate to secure the effective administration of justice in relation to the trial of such person on such charge".[1] The Director of Public Prosecutions (DPP) exercises these powers of the Attorney-General by delegated authority.[1][2]

History

On 26 May 1972, the Government exercised its power to make a proclamation pursuant to Section 35(2) of the under the Offences against the State Act 1939 which led to the establishment of the Special Criminal Court for the trial of certain offences.[1] The current court was first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army from subverting Ireland's neutrality during World War II and the Emergency.[4] The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.

Although the court was initially set up to handle terrorism-related crime, its remit has been extended and it has been handling more organised crime cases after the Provisional IRA ceasefire in the 1990s. For instance, members of the drugs gang which murdered journalist Veronica Guerin were tried in the Special Criminal Court.

Section 35(4) and (5) of the Offences against the State Act 1939 provide that if at any time the Government or the Parliament is satisfied that the ordinary courts are again adequate to secure the effective administration of justice and the preservation of public peace and order, a rescinding proclamation or resolution, respectively, shall be made terminating the Special Criminal Court regime; to date, no such rescinding proclamation or resolution has been promulgated.[1] Following the introduction of a regular Government review and assessment procedure on 14 January 1997, reviews taking into account the views of the relevant State agencies were carried out on 11 February 1997, 24 March 1998, and 14 April 1999, have concluded that the continuance of the Court was necessary, not only in view of the continuing threat to State security posed by instances of violence, but also of the particular threat to the administration of justice, including jury intimidation, from the rise of organised and ruthless criminal gangs, principally involved in drug-related and violent crime.[1]

Structure; second court

The court is composed of three judges appointed by the government from among the judges of the ordinary courts, usually one from the High Court, one from the Circuit Court and one from the District Court. The court sits as a three-judge panel with no jury, and verdicts are by majority vote. Verdicts can be appealed to the Court of Criminal Appeal.[2][5]

On 8 February 2016, the Minister for Justice and Equality Frances Fitzgerald announced that a second Special Criminal Court will open on 4 April 2016 following a Government decision to establish a second non-jury Special Criminal Court to try terrorist and crime-gang offences .[6]

Criticism

The Special Criminal Court has been criticised by the Irish Council for Civil Liberties,[7] Amnesty International[8] and the United Nations Commission on Human Rights,[9] for its procedures and for being a special court, which ordinarily should not be used against civilians. Among the criticisms are the lack of a jury, and the increasing use of the court to try organised "ordinary" crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State (see: Northern Ireland peace process), although others disagree and cite the continuing violence from dissident republican terrorism, international Islamic terrorism and serious gangland crime.

Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.

The Sinn Féin political party state it is their intention to abolish the Special Criminal Court.[10] Some prominent Sinn Féin members (including Martin Ferris and Martin McGuinness) have been convicted of offences by it. In 1973, Martin McGuinness was convicted by the SCC after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He refused to recognise the court, and was sentenced to six months imprisonment.[11]

Well-known cases

See also

References

  1. 1 2 3 4 5 6 7 8 Joseph Kavanagh v. Ireland, United Nations Human Rights Committee Communication No. 819/1998, U.N. Doc. CCPR/C/71/D/819/1998 (2001).
  2. 1 2 3 4 5 The Special Criminal Court — Irish government information website
  3. ↑ "Safety & Security > Terrorism". The Department of Justice and Equality, Republic of Ireland. Retrieved 3 June 2014.
  4. ↑ OFFENCES AGAINST THE STATE ACT, 1939 — law establishing the court
  5. ↑ Special Criminal Court — Courts Service website
  6. ↑ "Kenny calls on Adams to make statement on AK47s Frances Fitzgerald confirms second Special Criminal Court will open on April 4th". Irish Times. 8 February 2016.
  7. ↑ ICCL press conference marking the 30th 'birthday' of the Special Criminal Court — Irish Council for Civil Liberties criticisms of the court
  8. ↑ Submission to the Committee to Review the Offences Against the State Acts and Other Matters — Amnesty International criticisms of the court
  9. ↑ HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-NINTH SESSION — United Nations Commission on Human Rights recommends the abolition of the court
  10. ↑ Special Criminal Court needs to be closed down not expanded — comments by Sinn Féin justice spokesperson Aengus Ó Snodaigh
  11. ↑ Taylor, Peter (1997). Provos The IRA & Sinn Féin. Bloomsbury Publishing. pp. 152–153. ISBN 0-7475-3818-2.
  12. ↑ "Extradition of Irishman". The New York Times. 10 December 1997. Retrieved 2 August 2012.
  13. ↑ Relatives disappointed with Omagh ruling — RTÉ News article, 21 January 2005
  14. ↑ "John Dundon guilty of murder of Shane Geoghegan". Rté News. 13 August 2013. Retrieved 12 February 2016.
  15. ↑ Duggan, Barry; O'Keeffe, Alan. "Wayne Dundon and Nathan Killeen guilty of murdering Roy Collins". Irish Independent. Retrieved 12 February 2016.

Further reading

Seosamh Ó Longaigh, Emergency Law in Independent Ireland, 1922–1948 (ISBN 1-85182-922-9)

Fergal F Davis, The History and Development of the Special Criminal Court (ISBN 978-1-84682-013-7)

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