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Treason Act 1939
The Treason Act 1939 is an Act of the Oireachtas (Parliament) of the Republic of Ireland. It provides for the punishment of treason and related offences. Article 39 of the 1937 Constitution of Ireland defines treason as follows: Section 1 of the Treason Act provides that treason can be committed by anyone in Ireland, or outside Ireland by any citizen or resident of Ireland. It was a capital offence, until the death penalty was abolished in 1990. The sentence now is life imprisonment, with parole in not less than 40 years. Section 2 states that anyone who "encourages, harbours, or comforts any person whom he knows or has reasonable grounds for believing to be engaged in committing treason shall be guilty of felony." The Act also provides that "No person shall be convicted of treason on the uncorroborated evidence of one witness." This also applies to the offence under section 2.Sections 1(4) and 2(2) Section 3 deals with misprision of treason. The 1939 Act replaced the Treas ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Treasonable Offences Act 1925
The crime of treason is defined by Article 39 of the Constitution of Ireland, adopted in 1937, which states: History to 1937 Before the 1921 treaty that led to the creation of the Irish Free State (''Saorstát Éireann''), treason was governed under the laws of the United Kingdom of Great Britain and Ireland. Many historical Irish nationalist insurgents executed for high treason against the Crown of the United Kingdom or of the earlier Kingdom of Ireland are considered heroes in independent Ireland. Section 1(1) of the Treasonable Offences Act 1925 (enacted under the 1922 Constitution) defined treason as:Treasonable Offences Act 1925
:(a) levying ...
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Treason In Ireland
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Irish Criminal Law
The Republic of Ireland has no set criminal code. Instead, criminal law is set out in a diverse range of statutes and court decisions. Crime is investigated by the police force, the Garda Síochána. Serious offences are prosecuted by the Director of Public Prosecutions in the name of the People of Ireland, and are normally tried before a jury, although terrorist, and increasingly organised crime, trials are held in the juryless Special Criminal Court. All judges in the Republic are full-time and appointed from legally qualified and experienced solicitors and barristers. The Republic has neither lay magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...s nor elected judges. The Criminal Justice Act 2006 established a Criminal Law Codification Advisory Committee to advise an ...
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Law Of The Republic Of Ireland
The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written constitution that provides for a parliamentary democracy based on the British parliamentary system, albeit with a popularly elected president, a separation of powers, a developed system of constitutional rights and judicial review of primary legislation. History of Irish law The sources of Irish law reflect Irish history and the various parliaments whose law affected the country down through the ages. The Brehon Laws The Brehon Laws were a relatively sophisticated early Irish legal system, the practice of which was only finally wiped out during the Cromwellian conquest of Ireland. The Brehon laws were a civil legal system only – there was no criminal law. Acts that would today be considered criminal were then dealt with in a similar manner ...
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Treason (Ireland) Act 1854
The Treason (Ireland) Act 1854 (17 & 18 Vict. c. 26) is an Act of Parliament, Act of the Parliament of the United Kingdom, Parliament of the United Kingdom of Great Britain and Ireland. It extended part of the Treason Act 1708 to Ireland, specifically the rules about giving the defendant advance notice of the witnesses and jurors in his case. It was repealed as regards Northern Ireland by the Treason Act 1945, which abolished the unique procedural rules which applied in treason cases. it remains in force in the Republic of Ireland. The rule in the 1708 Act which was extended to Ireland was as follows: "...[W]hen any person is indicted for high treason or misprision of treason, a list of the witnesses that shall be produced on the trial, for proving the said indictment, and of the jury, mentioning the name, professions, and place of abode of the said witnesses and jurors, be also given at the same time that the copy of the indictment is delivered to the party indicted; and that cop ...
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Offences Against The State Acts 1939–1998
The Offences Against the State Acts 1939–1998 form a series of laws passed by the Irish Oireachtas. Offences under the Act The Act criminalises many actions deemed detrimental to state security. An organisation can be made subject to a suppression order under the act, after which being a member of or directing the activities of such an unlawful organisation becomes an offence. The opinion of a senior Garda can be admitted as prima facie evidence of membership. The act also criminalises obstruction of the President or government, secret societies in the police or army and unauthorised demonstrations in the vicinity of the Oireachtas, the Irish parliament. Special Criminal Court The Special Criminal Court is created and constituted by Part V of this statute. It is authorised by Article 38 of the Constitution of Ireland to hear indictable cases without a jury when ''ordinary courts are inadequate to secure the effective administration of justice.'' The Court consists of a ...
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Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II. The Act is still in force in the United Kingdom. It is also still in force in some former British colonies, including New South Wales. Like other laws of the time, it was written in Norman French. The ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Misprision Of Treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority. Australia Under Australian law a person is guilty of misprision of treason if he: The maximum penalty is life imprisonment. Canada Under section 50(1)(b) of the Canadian ''Criminal Code'', a person is guilty of an offence (although it is not described as misprision) if: The maximum penalty is 14 years. Republic of Ireland Under section 3 of the Treason Act 1939 a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, edoes not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána, or some other ...
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Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann (lower house) **Seanad Éireann (upper house) The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century Duke, ducal palace. The directly elected Dáil is by far the more powerful branch of the Oireachtas. Etymology The word comes from the Irish language, Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann, the lower house, is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old. An election i ...
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Corroborating Evidence
Corroborating evidence, also referred to as corroboration, is a type of evidence in law. Types and uses Corroborating evidence tends to support a proposition that is already supported by some initial evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Meanwhile, Y, another witness, testifies that when he examined X's car, later that day, he noticed green paint on its fender. There can also be corroborating evidence related to a certain source, such as what makes an author think a certain way due to the evidence that was supplied by witnesses or objects.For more information on this type of reasoning, see: Casuistry. Another type of corroborating evidence comes from using the Baconian method, i.e., the method of agreement, method of difference, and method of concomitant variations. These methods are followed in experimental design. They were codified by Francis Bacon, and developed further ...
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