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The Special Criminal Court (SCC; ga, Cúirt Choiriúil Speisialta) is a juryless criminal
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
in
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
which tries
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
and serious
organised crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
cases.


Legal basis

Article 38 of the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
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. The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:Joseph Kavanagh v. Ireland,
United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per ...
Communication No. 819/1998
U.N. Doc. CCPR/C/71/D/819/1998 (2001)
.
* Malicious Damage Act 1861 * ''
Explosive Substances Act 1883 The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury ...
'' * ''Firearms Act 1925 to 1971'' * '' Offences against the State Act 1939'' A further class of offences was added by Statutory Instrument later the same year under: * s.7 of the ''
Conspiracy and Protection of Property Act 1875 The Conspiracy and Protection of Property Act 1875 (38 & 39 Vict c 86) is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of tr ...
'' Offenses under the ''Criminal Damage Act 1991'' are also scheduled. * Criminal Justice (Terrorist Offences) Act 2005


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 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". The
Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
(DPP) exercises these powers of the Attorney-General by delegated authority.


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. The current court was first established by the Dáil under the Offences against the State Act 1939 to prevent the
Irish Republican Army The Irish Republican Army (IRA) is a name used by various paramilitary organisations in Ireland throughout the 20th and 21st centuries. Organisations by this name have been dedicated to irredentism through Irish republicanism, the belief th ...
from subverting Ireland's neutrality during
World War II 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 World War II by country, vast majority of the world's countries—including all of the great power ...
and the Emergency.OFFENCES AGAINST THE STATE ACT, 1939
— ''law establishing the court''
The current incarnation of the Special Criminal Court dates from 1972, just after
the Troubles The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
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 The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish re ...
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. 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.


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.The Special Criminal Court
— ''
Irish government The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland. The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The gover ...
information website''
Special Criminal Court
— ''Courts Service website''
On 8 February 2016, the Minister for Justice and Equality Frances Fitzgerald announced that a second Special Criminal Court would 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.


Criticism

The Special Criminal Court has been criticised by the
Irish Council for Civil Liberties The Irish Council for Civil Liberties ( ga, An Chomhairle um Chearta Daonna) is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland. History Founded in 1976 by future President Mar ...
,ICCL press conference marking the 30th 'birthday' of the Special Criminal Court
— ''
Irish Council for Civil Liberties The Irish Council for Civil Liberties ( ga, An Chomhairle um Chearta Daonna) is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland. History Founded in 1976 by future President Mar ...
criticisms of the court''
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and s ...
Submission to the Committee to Review the Offences Against the State Acts and Other Matters
— ''Amnesty International criticisms of the court''
and the
United Nations Commission on Human Rights The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of ...
,HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-NINTH SESSION
— ''United Nations Commission on Human Rights recommends the abolition of the court''
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 Dissident republicans, renegade republicans, anti-Agreement republicans or anti-ceasefire republicans ( ga, poblachtach easaontach) are Irish republicans who do not support the current peace agreements in Northern Ireland. The agreements follow ...
terrorism, international terrorism and serious gangland crime. Under the law, the court is authorised to accept the opinion of a
Garda Síochána (; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gove ...
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.
Sinn Féin Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gr ...
had stated in the past that it was their intention to abolish the Special Criminal Court as they believed it was used to convict political prisoners in a juryless court, however Sinn Féin are no longer in favour of its abolition.Special Criminal Court needs to be closed down not expanded
— ''comments by Sinn Féin justice spokesperson
Aengus Ó Snodaigh Aengus Ó Snodaigh (; born 31 July 1964) is an Irish Sinn Féin politician, author and historian who has been a Teachta Dála (TD) for the Dublin South-Central constituency since the 2002 general election. Early and personal life A Dubliner ...
''
Some prominent Sinn Féin members (including
Martin Ferris Martin Ferris (born 28 March 1952) is a former Irish Sinn Féin politician and former Provisional Irish Republican Army (IRA) volunteer who served as a Teachta Dála (TD) from 2002 to 2020. Early and personal life Ferris was born in Strand Stre ...
and Martin McGuinness) have been convicted of offences by it. In 1973 Martin McGuinness was tried at the SCC, which he refused to recognise, after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He was convicted and sentenced to six months imprisonment.


Well-known cases

* In 1976
Marie and Noel Murray Marie and Noel Murray were an anarchist married couple who were among the last people to be sentenced to death in the Republic of Ireland. The couple were convicted of capital murder and sentenced to death in June 1976 for the murder of Garda Mi ...
were sentenced to death by the court for the capital murder of Garda Michael Reynolds. The convictions were overturned on appeal and they were instead sentenced to life in prison for "ordinary" murder. They were released in 1992. * One of the most famous is the case of Nicky Kelly, who was convicted along with two other men by the Special Criminal Court in 1978 of carrying out the Sallins Train Robbery. All three convictions were later overturned after it was found that the suspects had been assaulted by gardaí while in custody. * In 1997 and 1998 John Gilligan, Patrick "Dutchy" Holland, Brian Meehan and Paul "Hippo" Ward were all tried by the Special Criminal Court on charges relating to the murder of journalist Veronica Guerin and drug trafficking charges. Paul "Hippo" Ward was convicted of the Guerin murder and sentenced to life in prison as an accomplice in the assassination. Brian Meehan was convicted on the testimony of gang member turned state's witness Russell Warren and was convicted of murdering Guerin, and sentenced to life imprisonment. * In 1999 Pearse McAuley from
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
and three
County Limerick "Remember Limerick" , image_map = Island_of_Ireland_location_map_Limerick.svg , subdivision_type = Country , subdivision_name = Republic of Ireland, Ireland , subdivision_type1 = Provinces of Ireland, Province , subd ...
men; Jeremiah Sheehy, Michael O'Neill and Kevin Walsh – all members of the
Provisional IRA The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish re ...
– were convicted by the non-jury Special Criminal Court of the killing of Detective Garda Jerry McCabe in Adare, Co. Limerick in June 1996. He was shot 3 times. * In 2001, Colm Murphy was convicted of ''"conspiracy to cause an explosion likely to endanger life or cause injury"'' in connection with the
Omagh bombing The Omagh bombing was a car bombing on 15 August 1998 in the town of Omagh in County Tyrone, Northern Ireland. It was carried out by the Real Irish Republican Army (Real IRA), a Provisional Irish Republican Army (IRA) splinter group who oppo ...
. In January 2005 Murphy's conviction was quashed and a retrial ordered by the Court of Criminal Appeal, on the grounds that two gardaí had falsified interview notes, and that Murphy's previous convictions were improperly taken into account by the trial judges. In 2009 Murphy was found liable for the bombing in a civil trial; he was cleared of criminal charges at the SCC in February 2010. * In 2003, Michael McKevitt was convicted of ''"directing terrorism"'' and ''"membership of an illegal organisation"'' for his role as leader of the Real IRA. * In 2013 Limerick gangland crime boss John Dundon was found guilty of the murder of rugby player Shane Geoghegan, mistakenly identified as a rival; he was sentenced to life in prison by the Special Criminal Court. * In 2014, Wayne Dundon and Nathan Killeen were found guilty by the Special Criminal Court of the murder of Roy Collins in Limerick and sentenced to life imprisonment. * The trial of Patrick Hutch for murder and possession of firearms for the 5 February 2016
shooting of David Byrne David Byrne was shot dead on February 5, 2016 at the Regency Hotel in Whitehall, Dublin. It is believed by the Garda Síochána that Daniel Kinahan, the son of Christy Kinahan, was the intended target, but had left early. Background Byrne ha ...
was set for January 2018 at the Special Criminal Court; he was denied bail. On 20 February 2019, all charges against Patrick Hutch were dropped and he walked free from court. 5To date, nobody has been convicted of David Byrne's death.


See also

* Courts of the Republic of Ireland * Garda Special Detective Unit * Diplock courts — Northern Ireland's equivalent of the Special Criminal Court


References

*


Further reading

*Seosamh Ó Longaigh, ''Emergency Law in Independent Ireland, 1922–1948'' () *Fergal F. Davis, ''The History and Development of the Special Criminal Court'' ()


External links


The Special Criminal Court : THE COURTS: : Courts Service of Ireland
{{Judiciary of the Republic of Ireland, state=collapsed Courts of the Republic of Ireland Irish criminal law Emergency laws in the Republic of Ireland Courts and tribunals established in 1939 1939 establishments in Ireland