Special Criminal Court
Encyclopedia
The Special Criminal Court is a jury
less 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 the effective administration of justice". The 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
(see: the Emergency). The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles
in Northern Ireland
began.
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
.
In 2004, Minister for Justice, Equality and Law Reform Michael McDowell
announced his intention to establish a second Special Criminal Court to speed up the trial process.
Offences under these acts are known as "scheduled offences". These scheduled offences range from illegal possession of firearms
, to importing seditious
foreign newspapers, to threatening to damage property. The court can also try other, non-scheduled offences if the Director of Public Prosecutions
issues a certificate stating that the ordinary courts are inadequate to handle the case.
Although the court was initially set up to handle terrorism-related crime, it has been handling more and more organized crime cases after 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.
, Amnesty International
and the United Nations Commission on Human Rights
, 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 organized "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
). Under the law, the court is authorized to accept the opinion of a Garda Síochána
chief-superintendent as evidence that a suspect is a member of an illegal organization. (However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.)
The Sinn Féin
political party have also been critical of the Special Criminal Court, although it never saw the same level of miscarriages of justice that occurred in England
in the 1970s. Some prominent Sinn Féin members (including Martin Ferris
and Martin McGuinness
) have been convicted of offences by it.
. All three convictions were later overturned after it was found that the suspects had been assaulted by gardaí
while in custody.
In 2003, Michael McKevitt
was convicted of "directing terrorism" and "membership of an illegal organization" for his role as leader of the Real IRA. In 2001, Dundalk
man Colm Murphy was convicted of "conspiracy to cause an explosion likely to endanger life or cause injury", in connection with the Omagh bombing
. 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.
Fergal F Davis, The History and Development of the Special Criminal Court (ISBN 978-1-84682-013-7)
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,...
less criminal court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
which tries terrorist
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...
and organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
cases. 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...
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 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
Irish neutrality
Ireland has a "traditional policy of military neutrality". In particular, Ireland remained neutral during World War II, and has never been a member of NATO or the Non-Aligned Movement. The formulation and justification of the neutrality policy has varied over time...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
(see: the Emergency). The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles
The Troubles
The Troubles was a period of ethno-political conflict in Northern Ireland which spilled over at various times into England, the Republic of Ireland, and mainland Europe. The duration of the Troubles is conventionally dated from the late 1960s and considered by many to have ended with the Belfast...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
began.
Structure
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 CourtCourts of the Republic of Ireland
The Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
and one from the District Court
District Court (Ireland)
The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...
. 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
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....
.
In 2004, Minister for Justice, Equality and Law Reform Michael McDowell
Michael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
announced his intention to establish a second Special Criminal Court to speed up the trial process.
Scheduled offences
The court tries offences under the following laws:- Conspiracy and Protection of Property Act 1875Conspiracy and Protection of Property Act 1875The Conspiracy and Protection of Property Act 1875 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 trade unions...
- Explosive Substances Act 1883Explosive Substances Act 1883The Explosive Substances Act 1883 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 to property, whether or not any explosion actually takes...
- Offences against the State Act 1939
- Firearms Act 1925 to 1990
- Criminal Damage Act 1991
Offences under these acts are known as "scheduled offences". These scheduled offences range from illegal possession of firearms
Gun
A gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
, to importing seditious
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
foreign newspapers, to threatening to damage property. The court can also try other, non-scheduled offences if the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
issues a certificate stating that the ordinary courts are inadequate to handle the case.
Although the court was initially set up to handle terrorism-related crime, it has been handling more and more organized crime cases after the Provisional IRA ceasefire in the 1990s. For instance, members of the drugs gang which murdered journalist Veronica Guerin
Veronica Guerin
Veronica Guerin was an Irish crime reporter who was murdered on 26 June 1996 by drug lords, an event which, alongside the murder of Detective Garda Jerry McCabe three weeks earlier, helped establish the Criminal Assets Bureau....
were tried in the Special Criminal Court.
Criticism
The Special Criminal Court has been criticized by the Irish Council for Civil LibertiesIrish Council for Civil Liberties
The Irish Council for Civil Liberties is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland.-History:...
, Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and the United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights 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...
, 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 organized "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
Northern Ireland peace process
The peace process, when discussing the history of Northern Ireland, is often considered to cover the events leading up to the 1994 Provisional Irish Republican Army ceasefire, the end of most of the violence of the Troubles, the Belfast Agreement, and subsequent political developments.-Towards a...
). Under the law, the court is authorized to accept the opinion of a Garda Síochána
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 :...
chief-superintendent as evidence that a suspect is a member of an illegal organization. (However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.)
The Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
political party have also been critical of the Special Criminal Court, although it never saw the same level of miscarriages of justice that occurred in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in the 1970s. Some prominent Sinn Féin members (including Martin Ferris
Martin Ferris
Martin Ferris is an Irish Sinn Féin politician and a former Provisional Irish Republican Army volunteer. He has been a Teachta Dála for the Kerry North–West Limerick constituency since 2002 and is one of fourteen Sinn Féin representatives in the current Dáil.-Early life:Ferris was born in...
and Martin McGuinness
Martin McGuinness
James Martin Pacelli McGuinness is an Irish Sinn Féin politician and the current deputy First Minister of Northern Ireland. McGuinness was also the Sinn Féin candidate for the Irish presidential election, 2011. He was born in Derry, Northern Ireland....
) have been convicted of offences by it.
Well-known cases
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 RobberySallins Train Robbery
The Sallins Train Robbery occurred on 31 March 1976 when the Cork to Dublin mail train was robbed near Sallins in County Kildare, Republic of Ireland. Approximately IR£ 200,000 was stolen...
. All three convictions were later overturned after it was found that the suspects had been assaulted by gardaí
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 :...
while in custody.
In 2003, Michael McKevitt
Michael McKevitt
Michael McKevitt is an Irish republican who was convicted of directing terrorism as the leader of the paramilitary organisation, the Real IRA.-Background:...
was convicted of "directing terrorism" and "membership of an illegal organization" for his role as leader of the Real IRA. In 2001, Dundalk
Dundalk
Dundalk is the county town of County Louth in Ireland. It is situated where the Castletown River flows into Dundalk Bay. The town is close to the border with Northern Ireland and equi-distant from Dublin and Belfast. The town's name, which was historically written as Dundalgan, has associations...
man Colm Murphy was convicted of "conspiracy to cause an explosion likely to endanger life or cause injury", in connection with the Omagh bombing
Omagh bombing
The Omagh bombing was a car bomb attack carried out by the Real Irish Republican Army , a splinter group of former Provisional Irish Republican Army members opposed to the Good Friday Agreement, on Saturday 15 August 1998, in Omagh, County Tyrone, Northern Ireland. Twenty-nine people died as a...
. 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.
See also
- Courts of the Republic of IrelandCourts of the Republic of IrelandThe Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
- Diplock courtsDiplock courtsThe Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
— Northern IrelandNorthern IrelandNorthern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
's equivalent of the Special Criminal Court
Further reading
Seosamh Ó Longaigh, Emergency Law in Independent Ireland, 1922-1948 (ISBN 1-85182-922-9)Fergal F Davis, The History and Development of the Special Criminal Court (ISBN 978-1-84682-013-7)