The Offences Against the State Acts 1939–1998 form a series of laws passed by the Irish

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 ...

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 A secret society is a club or an organization whose activities, events, inner functioning, or membership are concealed. The society may or may not attempt to conceal its existence. The term usually excludes covert groups, such as intelligence a ...

in the

police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...

army An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...

and unauthorised

demonstrations Demonstration may refer to: * Demonstration (acting), part of the Brechtian approach to acting * Demonstration (military), an attack or show of force on a front where a decision is not sought * Demonstration (political), a political rally or prote ...

in the vicinity of the

, the Irish parliament.

Special Criminal Court

The

Special Criminal Court The Special Criminal Court (SCC; ga, 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 ...

is created and constituted by Part V of this statute. It is authorised by Article 38 of the

Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...

to hear indictable cases without a

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

when ''ordinary courts are inadequate to secure the effective administration of justice.'' The Court consists of a High Court, a Circuit Court and a District Court judge. Appeals are to the Court of Criminal Appeal.

Internment

This Act allows the Government to bring

internment Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simpl ...

without trial into force. The

Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...

may order the detention of persons deemed dangerous to state security. It also establishes an independent appeals commission to which prisoners can apply for release by making the case that they are not a threat to public safety. This was used during the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

and introduced in 1957 during the IRA Border Campaign.

References

External links

Offences Against the State Act, 1939
Acts of the Oireachtas of the 1930s Acts of the Oireachtas of the 1970s Acts of the Oireachtas of the 1980s Acts of the Oireachtas of the 1990s 1939 in Irish law 1972 in Irish law 1985 in Irish law 1998 in Irish law Treason in Ireland Emergency laws in the Republic of Ireland {{Ireland-law-stub