Criminal Organisation The 2006 Criminal Justice Acts strengthened measures directed at organised crime. A criminal organisation means a structured group howsoever organised that has its main purpose or activity, the commission or facilitation of serious offences. A serious offence is one for which a person may be imprisoned for four ears or more. A structured group is a group of three or more persons which […]
Ant-Terrorism Conventions The Criminal Justice (Terrorist Offences) Act 2005 was enacted to give effect to a number of international Conventions and commitments undertaken by the States or by the European Union on behalf of the State. These include the European Union Framework Decision on Combating Terrorism; International Convention against Taking of Hostages; Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons (diplomats); […]
Offence of Participation A person is guilty of an offence if, with knowledge of the existence of the organisation, a person participates in or contributes to any activity (whether constituting an offence or not) intending either to enhance the ability of the criminal organisation or any of its members to commit or facilitate the commission by a criminal organisation or any of its members of […]
Criminal Organisation The Criminal Justice Act 2006 sought to target criminal organisations and organised crime. The legislation originated both from so-called gangland crimes but also from EU and international obligations. A criminal organisation is a structured group, however, organised, that has as its main purpose or activity, the commission or facilitation of serious offences. A structured group is a group of three or more persons, […]
Garda Powers A member of an Garda Síochána may require a person’s name and address and an account of movements if he has reasonable grounds for believing that a scheduled offence has been committed and has grounds for believing a person whom he finds at or near the place or time of commission or afterwards, knew or knows of its commission. A member of the […]
Modern Anti-Terrorism Legislation There exist three strands of antiterrorist legislation in Ireland. The first derives from subversive activity in the early years of the State. The second derives from the so-called Northern Ireland troubles and the third derives from post-9/11 internationally driven antiterrorist legislation. Modern antiterrorism legislation has been adopted under the EU framework decision on combating terrorism. Terrorist groups are those defined under the EU […]
Order to Establish If the government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and preservation of public peace and order, Special Criminal Courts may be established. Special Criminal Courts are non-jury courts. When the government is satisfied that the administration of justice or preservation of peace and order in relation to offences of a particular type so […]
Offences Against the State Act 1939 Prior to the adoption of the Constitution in 1937, there existed a series of emergency legislation designed to deal with subversive anti-government activity. The 1922 Constitution was largely suspended and overwritten by this legislation. This position was upheld in a very famous case in 1931 State (Ryan) v Lennon. The Offences against the State Act 1939 coincided with the […]