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Irish specialist court From Wikipedia, the free encyclopedia
The Special Criminal Court (SCC; Irish: An Chúirt Choiriúil Speisialta) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.
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]
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".[1] The Director of Public Prosecutions (DPP) exercises these powers of the Attorney-General by delegated authority.[1][2]
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.
Prior to May 1972, Provisional IRA volunteers in the Republic of Ireland were tried in normal courts. The three-judge Special Criminal Court was re-introduced following a series of regional court cases where IRA volunteers were acquitted or received light sentences from sympathetic juries and judges, and also to prevent jury tampering.[5]
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 since 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]
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][6]
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.[7]
The Special Criminal Court has been criticised by the Irish Council for Civil Liberties,[8] Amnesty International[9] and the United Nations Commission on Human Rights,[10] 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.[citation needed] 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 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.[citation needed]
Sinn Féin 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.[11] Some prominent Sinn Féin members (including Martin Ferris 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.[12]
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