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 and the two houses of the Oireachtas (): a house ...

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 The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...

army An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...

and unauthorised demonstrations in the vicinity of the

, 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 The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...

to hear indictable cases without a

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

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 District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

judge. Appeals are to the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

Internment

This Act allows the Government to bring

internment Internment is the imprisonment of people, commonly in large groups, without Criminal charge, charges or Indictment, intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects ...

without trial into force. The Minister for Justice 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 (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

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