Offences against the State Acts 1939-1998
Encyclopedia
The Offences Against the State Acts 1939–1998 form a series of law
s passed by the Irish Parliament
relating to the suppression of terrorism
.
many actions 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 evidence 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 Irish Parliament
.
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 High Court, a Circuit Court and a District Court judge.
Appeals are to the Court of Criminal Appeal
.
without trial into force. The Minister for Justice
may order the detention
of persons dangerous to state security. This was used during the Second World War and during the IRA Border Campaign
in 1952.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s passed by the Irish Parliament
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
relating to the suppression of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
.
Offences under the Act
The Act criminalisesCriminalization
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision...
many actions detrimental to state security
State Security
State Security can refer to:* general concepts of security agency or national security* Committee for State Security * State Security * 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 evidence of a senior Garda
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
can be admitted as prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
evidence of membership. The act also criminalises obstruction of the President or government
Obstructing government administration
A person is guilty of obstructing government administration if the person intentionally interferes by force, violence or intimidation or by any physical act with a public servant performing or purporting to perform an official function.-External links:...
, secret societies in the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
or army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
and unauthorised demonstrations
Demonstration (people)
A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
in the vicinity of the Irish Parliament
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
.
Special Criminal Court
The Special Criminal CourtSpecial Criminal Court
The Special Criminal Court is a juryless criminal court in the Republic of Ireland which tries terrorist and organized 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...
is created and constituted by Part V of this statute. It is authorised by Article 38 of the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
to hear indictable cases
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
without a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
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
Court of Criminal Appeal (Ireland)
The Court of Criminal Appeal of Ireland hears appeals of indictable offences tried in the Circuit Court, the Central Criminal Court and the Special Criminal Court....
.
Internment
This Act allows the Government to by order to bring internmentInternment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
without trial into force. The Minister for Justice
Minister for Justice
The Scottish Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a cabinet position in the Scottish Government...
may order the detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
of persons dangerous to state security. This was used during the Second World War and during the IRA Border Campaign
Border Campaign (IRA)
The Border Campaign was a campaign of guerrilla warfare carried out by the Irish Republican Army against targets in Northern Ireland, with the aim of overthrowing British rule there and creating a united Ireland.Popularly referred to as the Border Campaign, it was also referred to as the...
in 1952.