OAS Powers & Evidence

Table of Contents

OFFENCES AGAINST THE STATE ACT 1939

AN ACT TO MAKE PROVISION IN RELATION TO ACTIONS AND CONDUCT CALCULATED TO UNDERMINE PUBLIC ORDER AND THE AUTHORITY OF THE STATE, AND FOR THAT PURPOSE TO PROVIDE FOR THE PUNISHMENT OF PERSONS GUILTY OF OFFENCES AGAINST THE STATE, TO REGULATE AND CONTROL IN THE PUBLIC INTEREST THE FORMATION OF ASSOCIATIONS, TO ESTABLISH SPECIAL CRIMINAL COURTS IN ACCORDANCE WITH ARTICLE 38 OF THE CONSTITUTION AND PROVIDE FOR THE CONSTITUTION, POWERS, JURISDICTION, AND PROCEDURE OF SUCH COURTS, TO REPEAL CERTAIN ENACTMENTS AND TO MAKE PROVISION GENERALLY IN RELATION TO MATTERS CONNECTED WITH THE MATTERS AFORESAID. [14th June, 1939].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Offences against the State Act, 1939.

Definitions.

2.—In this Act—

the word “organisation” includes associations, societies, and other organisations or combinations of persons of whatsoever nature or kind, whether known or not known by a distinctive name;

the word “document” includes a book and also a newspaper, magazine, or other periodical publication, and also a pamphlet leaflet, circular, or advertisement; the expression “incriminating document” means a document of whatsoever date, or bearing no date, issued by or emanating from an unlawful organisation or appearing to be so issued or so to emanate or purporting or appearing to aid or abet any such organisation or calculated to promote the formation of an unlawful organisation;

the expression “treasonable document” includes a document which relates directly or indirectly to the commission of treason; the expression “seditious document” includes—

(a) a document consisting of or containing matter calculated or tending to undermine the public order or the authority of the State, and

(b) a document which alleges, implies, or suggests or is calculated to suggest that the government functioning under the Constitution is not the lawful government of the State or that there is in existence in the State any body or organisation not functioning under the Constitution which is entitled to be recognised as being the government of the country, and

(c) a document which alleges, implies, or suggests or is calculated to suggest that the military forces maintained under the Constitution are not the lawful military forces of the State, or that there is in existence in the State a body or organisation not established and maintained by virtue of the Constitution which is entitled to be recognised as a military force, and

(d) a document in which words, abbreviations, or symbols referable to a military body are used in referring to an unlawful organisation;

the word “offence” includes treason, felonies, misdemeanours, and statutory and other offences;

references to printing include every mode of representing or reproducing words in a visible form, and the word “print” and all cognate words shall be construed accordingly.

Exercise of powers by superintendents of the Gárda Síochána.

3.—Any power conferred by this Act on an officer of the Gárda Síochána not below the rank of chief superintendent may be exercised by any superintendent of the Gárda Síochána who is authorised (in respect of any particular power or any particular case) in that behalf in writing by the Commissioner of the Gárda Síochána.

Expenses.

4.—The expenses incurred by any Minister of State in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

5.—The Treasonable Offences Act, 1925 (No. 18 of 1925), and the Public Safety (Emergency Powers) Act, 1926 (No. 42 of 1926), are hereby repealed.

Search warrants in relation to the commission of offences under this Act or to treason.

29.—(1) Where an officer of the Gárda Síochána not below the rank of chief superintendent is satisfied that there is reasonable ground for believing that documentary evidence of or relating to the commission or intended commission of an offence under any section or sub-section of this Act or any document relating directly or indirectly, to the commission or intended commission of treason is, to be found in any particular building or other place, the said officer may issue to a member of the Gárda Síochána not below the rank of inspector a search warrant in accordance with this section.

(2) A search warrant issued under this section shall be expressed and shall operate to authorise a member of the Gárda Síochána (not below the rank of inspector) named in such warrant together with such other persons (if any) as are named therein and any member of the Gárda Síochána to enter, within one week from the date of such warrant, and if necessary by the use of force, any building or other place named in such warrant and to search the said building or other place, and any person found therein, and to seize any document or thing found in such building or other place or on such person which such member reasonably believes to be evidence of or to relate directly or indirectly to the commission or intended commission of an offence under any section or sub-section of this Act or to the commission or intended commission of treason.

(3) A member of the Gárda Síochána acting under the authority of a search warrant issued under this section may—

(a) demand the name and address of any person found in the building or other place named in such warrant, and

(b) arrest without warrant any such person who refuses to give his name and address, or gives a false name or a false address.

(4) Any document seized under this section may be removed and retained for so long as the Minister for Justice thinks proper, and any other thing so seized may be removed and retained for a period of one month from the date of its seizure, or, if proceedings are commenced within such period for an offence under any section or sub-section of this Act or for treason, until the conclusion of such proceedings, and thereafter the provisions of the Police (Property) Act, 1897, shall, subject to the provisions of this Act in relation to the forfeiture of certain property, apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Gárda Síochána in the circumstances mentioned in that Act.

(5) Every person who obstructs or attempts to obstruct any member of the Gárda Síochána or any other person acting under the authority of a search warrant issued under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Arrest and detention of suspected persons.

30.—(1) A member of the Gárda Síochána (if he is not in uniform on production of his identification card if demanded) may without warrant stop, search, interrogate, and arrest any person, or do any one or more of those things in respect of any person, whom he suspects of having committed or being about to commit or being or having been concerned in the commission of an offence under any section or sub-section of this Act or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act or whom he suspects of carrying a document relating to the commission or intended commission of any such offence as aforesaid or whom he suspects of being in possession of information relating to the commission or intended commission of any such offence as aforesaid.

(2) Any member of the Gárda Síochána (if he is not in uniform on production of his identification card if demanded) may, for the purpose of the exercise of any of the powers conferred by the next preceding sub-section of this section, stop and search (if necessary by force) any vehicle or any ship, boat, or other vessel which he suspects to contain a person whom he is empowered by the said sub-section to arrest without warrant.

(3) Whenever a person is arrested under this section, he may be removed to and detained in custody in a Gárda Síochána station, a prison, or some other convenient place for a period of twenty-four hours from, the time of his arrest and may, if an officer of the Gárda Síochána not below the rank of Chief Superintendent so directs, be so detained for a further period of twenty-four hours.

(4) A person detained under the next preceding sub-section of this, section may, at any time during such detention, be charged before the District Court or a Special Criminal Court with an offence or be released by direction of an officer of the GárdaSíochána, and shall, if not so charged or released, be released at the expiration of the detention authorised by the said sub-section.

(5) A member of the Gárda Síochána may do all or any of the following things in respect of a person detained under this section, that is to say:—

(a) demand of such person his name and address;

(b) search such person or cause him to be searched;

(d) take, or cause to be taken, the fingerprints of such person.

(6) Every person who shall obstruct or impede the exercise in respect of him by a member of the Gárda Síochána of any of the powers conferred by the next preceding sub-section of this section or shall fail or refuse to give his name and address or shall give, in response to any such demand, a name or an address which is false or misleading shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

Offences by bodies corporate.

31.—Where an offence under any section or sub-section of this Act is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other officer of such body corporate, such director, manager, secretary, or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly, whether such body corporate has or has not been proceeded against in respect of the said offence.

Re-capture of escaped prisoners.

32.—(1) Whenever any person detained under this Act shall have escaped from such detention, such person may be arrested without warrant by any member of the Gárda Síochána and shall thereupon be returned in custody to the place from which he so escaped.

(2) Every person who shall aid or abet a person detained under this Act to escape from such detention or to avoid recapture after having so escaped shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding three months.

Remission, etc., in respect of convictions by a Special Criminal Court.

33.—(1) Except in capital cases, the Government may, at their absolute discretion, at any time remit in whole or in part or modify (by way of mitigation only) or defer any punishment imposed by a Special Criminal Court.

(2) Whenever the Government remits in whole or in part or defers a punishment imposed by a Special Criminal Court, the Government may attach to such remittal or deferment such conditions (if any) as they may think proper.

(3) Whenever the Government defers under the next preceding sub-section of this section the whole or any part of a sentence of imprisonment, the person on whom such sentence was imposed shall be bound to serve such deferred sentence, or part of a sentence, of imprisonment when the same comes into operation and may for that purpose be arrested without warrant.

Forfeitures and disqualifications on certain convictions by a Special Criminal Court.

34.—(1) Whenever a person who is convicted by a Special Criminal Court of an offence which is, at the time of such conviction, a scheduled offence for the purposes of Part V of this Act, holds at the time of such conviction an office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or in or under or as a paid member of a board or body established by or under statutory authority, such person shall immediately on such conviction forfeit such office, employment, place, or emolument and the same shall forthwith become and be vacant.

(2) Whenever a person who is convicted by a Special Criminal Court of an offence which is, at the time of such conviction, a scheduled offence for the purposes of Part V of this Act, is at the time of such conviction in receipt of a pension or superannuation allowance payable out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or the funds of a board or body established by or under statutory authority, such person, shall immediately upon such conviction forfeit such pension or superannuation allowance and such pension or superannuation allowance shall forthwith cease to be payable.

(3) Every person who is convicted by a Special Criminal Court of an offence which is, at the time of such conviction, a scheduled offence for the purposes of Part V of this Act, shall be disqualified—

(a) for holding, within seven years after the date of such conviction, any office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or in or under or as a paid member of a board or body established by or under statutory authority, and

(b) for being granted out of the Central Fund or any such moneys or the funds of any such board or body, at any time after the date of such conviction, any pension, superannuation allowance, or gratuity in respect wholly or partly of any service rendered or thing done by him before the date of such conviction, and

(c) for receiving at any time after such conviction any such pension, superannuation allowance, or gratuity as is mentioned in the next preceding paragraph of this section which was granted but not paid on or before the date of such conviction.

(4) Whenever a conviction which occasions by virtue of this section any forfeiture or disqualification is quashed or annulled or the convicted person is granted a free pardon such forfeiture or disqualification shall be annulled, in the case of a quashing or annulment, as from the date of the conviction and, in the case of a free pardon, as from the date of such pardon.

(5) The Government may, at their absolute discretion, remit, in whole or in part, any forfeiture or disqualification incurred under this section and restore or revive, in whole or in part, the subject of such forfeiture as from the date of such remission.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1940.

AN ACT TO REPEAL PART VI OF THE OFFENCES AGAINST THE STATE ACT, 1939 , AND TO MAKE OTHER PROVISIONS IN RELATION TO THE DETENTION OF CERTAIN PERSONS. [9th February, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title, construction, and collective citation.

1.—(1) This Act may be cited as the Offences Against the State (Amendment) Act, 1940.

(2) This Act shall be construed as one with the Offences Against the State Act, 1939 (No. 13 of 1939).

(3) The Offences Against the State Act, 1939 , and this Act may be cited together as the Offences Against the State Acts, 1939 and 1940.

Repeal.

2.— Part VI of the Offences Against the State Act, 1939 (No. 13 of 1939), is hereby repealed.

PART II.

Powers of Detention.

Commencement and cesser of this Part of this Act.

3.—(1) This Part of this Act shall not come into or be in force save as and when and for so long as is provided by the subsequent sub-sections of this section.

(2) If and whenever and so often as the Government makes and publishes a proclamation declaring that the powers conferred by this Part of this Act are necessary to secure the preservation of public peace and order and that it is expedient that this Part of this Act should come into force immediately, this Part of this Act shall come into force forthwith.

(3) If at any time while this Part of this Act is in force the Government makes and publishes a proclamation declaring that this Part of this Act shall cease to be in force, this Part of this Act shall forthwith cease to be in force.

(4) Whenever the Government has made and published a proclamation under the second sub-section of this section, it shall be lawful for Dáil Eireann, at any time while this Part of this Act is in force by virtue of such proclamation, to pass a resolution annulling such proclamation, and thereupon such proclamation shall be annulled and this Part of this Act shall cease to be in force, but without prejudice to the validity of anything done under this Part of this Act after the making of such proclamation and before the passing of such resolution.

(5) A proclamation made by the Government under this section shall be published by publishing a copy thereof in the Iris Oifigiúil and may also be published in any other manner which the Government shall think proper.

Special powers of arrest and detention.

4.—(1) Whenever a Minister of State is of opinion that any particular person is engaged in activities which, in his opinion, are prejudicial to the preservation of public peace and order or to the security of the State, such Minister may by warrant under his hand and sealed with his official seal order the arrest and detention of such person under this section.

(2) Any member of the Gárda Síochána may arrest without warrant any person in respect of whom a warrant has been issued by a Minister of State under the foregoing sub-section of this section.

(3) Every person arrested under the next preceding sub-section of this section shall be detained in a prison or other place prescribed in that behalf by regulations made under this Part of this Act until this Part of this Act ceases to be in force or until he is released under the subsequent provisions of this Part of this Act, whichever first happens.

(4) Whenever a person is detained under this section, there shall be furnished to such person, as soon as may be after he arrives at a prison or other place of detention prescribed in that behalf by regulations made under this Part of this Act, a copy of the warrant issued under this section in relation to such person and of the provisions of section 8 of this Act.

(5) Every warrant issued by a Minister of State under this section shall be in the form set out in the Schedule to this Act or in a form to the like effect.

Powers of search, etc., of detained persons.

5.—(1) It shall be lawful for any member of the Gárda Síochána to do all or any of the following things in respect of any person who is arrested and detained under this Part of this Act, that is to say:—

(a) to demand of such person his name and address;

(b) to search such person or cause him to be searched;

(d) to take, or cause to be taken the fingerprints of such person.

(2) Every person who shall obstruct or impede the exercise in respect of him by a member of the Gárda Síochána of any of the powers conferred by the next preceding sub-section of this section or shall fail or refuse to give his name and address when demanded of him by a member of the Gárda Síochána under the said sub-section or shall give a name or an address which is false or misleading shall be guilty of a contravention of the regulations made under this Part of this Act in relation to the preservation of discipline and shall be dealt with accordingly.

Release of detained persons.

6.—A Minister of State may by writing under his hand, if and whenever he so thinks proper, order the release of any particular person who is for the time being detained under this Part of this Act, and thereupon such person shall forthwith be released from such detention.

Regulations in relation to places of detention.

7.—(1) A Minister of State may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing the prisons, internment camps, and other places in which persons may be detained under this Part of this Act;

(b) providing for the efficient management, sanitation, control, and guarding of such prisons, internment camps, and other places;

(c) providing for the enforcement and preservation of discipline amongst the persons detained in any such prison, internment camp, or other place as aforesaid;

(d) providing for the punishment of persons so detained who contravene the regulations;

(e) prescribing or providing for any other matter or thing incidental or ancillary to the efficient detention of persons detained under this Part of this Act.

(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Commission for inquiring into detentions.

8.—(1) As soon as conveniently may be after this Part of this Act comes into force, the Government shall set up a Commission (in this section referred to as the Commission) to perform the functions imposed upon the Commission by this section.

(2) The following provisions shall apply and have effect in relation to the Commission, that is to say:—

(a) the members of the Commission shall be appointed and be removable by the Government;

(b) the Commission shall consist of three persons of whom one shall be a commissioned officer of the Defence Forces with not less than seven years’ service and each of the others shall be a barrister or solicitor of not less than seven years’ standing or be or have been a judge of the Supreme Court, the High Court, or the Circuit Court or a justice of the District Court;

(c) there may be paid out of moneys provided by the Oireachtas to any member of the Commission such (if any) fees or remuneration as the Minister for Finance shall determine.

(3) Any person who is detained under this Part of this Act may apply in writing to the Government to have the continuation of his said detention considered by the Commission, and upon such application being so made the following provisions shall have effect, that is to say:—

(a) the Government shall, with all convenient speed, refer the matter of the continuation of such person’s detention to the Commission;

(b) the Commission shall inquire into the grounds of such person’s detention and shall, with all convenient speed, report thereon to the Government;

(c) the Minister for Justice shall furnish to the Commission such information and documents (relevant to the subject-matter of such inquiry) in the possession or procurement of the Government or of any Minister of State as shall be called for by the Commission;

(d) if the Commission reports that no reasonable grounds exist for the continued detention of such person, such person shall, with all convenient speed, be released.

Returns to be laid before each House of the Oireachtas.

9.—The Government shall once at least in every six months furnish to each House of the Oireachtas particulars of (a) persons detained under this Part of this Act, (b) persons in respect of whom the Commission has made a report to the Government, (c) persons in respect of whom the Commission has reported that no reasonable grounds exist for their continued detention, (d) persons who had been detained under this Part of this Act but who had been released on the report of the Commission, and (e) persons who had been detained under this Part of this Act but who had been released without a report of the Commission.

SCHEDULE.

Form of Warrant under Section 4.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1940.

SECTION 4.

In exercise of the powers conferred on me by section 4 of the Offences Against the State (Amendment) Act, 1940 (No. 2 of 1940), I,____________________________________________, Minister for _____________________________, being of opinion that __________________________ of __________________________ is engaged in activities which, in my opinion, are prejudicial to the preservation of public peace and order (or to the security of the State), do by this warrant order the arrest and detention of the said __________________________________ under the said section 4.

Given under my Official Seal this _______________ day

of _______________ 19 _____

__________________________

Minister for_____________

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1972

AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 AND 1940. [3rd December, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.—In this Act “the Act of 1939” means the Offences against the State Act, 1939 .

Power to question person found near place of commission of scheduled offence.

2.—Where a member of the Garda Síochána—

(a) has reasonable grounds for believing that an offence which is for the time being a scheduled offence for the purposes of Part V of the Act of 1939 is being or was committed at any place,

(b) has reasonable grounds for believing that any person whom he finds at or near the place at the time of the commission of the offence or soon afterwards knows, or knew at that time, of its commission, and

the member may demand of the person his name and address and an account of his recent movements and, if the person fails or refuses to give the information or gives information that is false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

Evidence of membership of unlawful organisation.

3.—(1) (a) Any statement made orally, in writing or otherwise, or any conduct, by an accused person implying or leading to a reasonable inference that he was at a material time a member of an unlawful organisation shall, in proceedings under section 21 of the Act of 1939, be evidence that he was then such a member.

(b) In paragraph (a) of this subsection “conduct” includes omission by the accused person to deny published reports that he was a member of an unlawful organisation, but the fact of such denial shall not by itself be conclusive.

(2) Where an officer of the Garda Síochána, not below the rank of Chief Superintendent, in giving evidence in proceedings relating to an offence under the said section 21, states that he believes that the accused was at a material time a member of an unlawful organisation, the statement shall be evidence that he was then such a member.

(3) Subsection (2) of this section shall be in force whenever and for so long only as Part V of the Act of 1939 is in force.

Statements, meetings etc., constituting interference with the course of justice.

4.—(1) (a) Any public statement made orally, in writing or otherwise, or any meeting, procession or demonstration in public, that constitutes an interference with the course of justice shall be unlawful.

(b) A statement, meeting, procession or demonstration shall be deemed to constitute an interference with the course of justice if it is intended, or is of such a character as to be likely, directly or indirectly to influence any court, person or authority concerned with the institution, conduct or defence of any civil or criminal proceedings (including a party or witness) as to whether or how the proceedings should be instituted, conducted, continued or defended, or as to what should be their outcome.

(2) A person who makes any statement, or who organises, holds or takes part in any meeting, procession or demonstration, that is unlawful under this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment;

(b) on conviction on indictment, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.

(3) Nothing in this section shall affect the law as to contempt of court.

Amendment of section 2 of Act of 1939.

5.—The definition of “document” in section 2 of the Act of 1939 is hereby amended by the insertion after “advertisement” of the following:

“and also—

(a) any map, plan, graph or drawing,

(b) any photograph,

(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and

(d) any film, microfilm, negative, tape or other device in which one or more visual images are embodied (whether with or without sounds or other data) so as to be capable (as aforesaid) of being reproduced therefrom and a reproduction or still reproduction of the image or images embodied therein whether enlarged or not and whether with or without sounds or other data”.

Short title, construction and collective citation.

6.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1972.

(2) The Offences against the State Acts, 1939 and 1940, and this Act shall be construed as one and may be cited together as the Offences against the State Acts, 1939 to 1972.

EMERGENCY POWERS ACT, 1976

AN ACT FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF AN ARMED CONFLICT IN RESPECT OF WHICH EACH OF THE HOUSES OF THE OIREACHTAS HAS ADOPTED A RESOLUTION ON THE FIRST DAY OF SEPTEMBER, 1976, PURSUANT TO SUBSECTION 3° OF SECTION 3 OF ARTICLE 28 OF THE CONSTITUTION. [16th October, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Duration of section 2.

1.—(1) Section 2 of this Act shall remain in force only until the expiry of the period of twelve months beginning with the passing of this Act, unless it is continued in force or is again brought into force by an order under this section.

(2) The Government may by order provide :—

(a) at any time when section 2 of this Act is in force, that that section shall continue in force for a period not exceeding twelve months from the commencement of the order,

(b) at any time when section 2 of this Act is in force, that that section shall cease to be in force on and from a date specified in the order, or

(c) at any time when section 2 of this Act is not in force, that that section shall come into force again and remain in force for a period not exceeding twelve months from the commencement of the order.

(3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Arrest, custody and questioning of persons suspected of certain offences.

2.—(1) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may without warrant stop, search, question and arrest any person, or do any one or more of those things in respect of any person, if he suspects with reasonable cause that that person has committed, is committing or is about to commit an offence under the Offences against the State Act, 1939 , or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act, or if he suspects with reasonable cause that that person is carrying any document or other article or thing, or is in possession of information, relating to the commission or intended commission of the offence.

(2) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may, for the purpose of the exercise of any of the powers conferred by subsection (1) of this section, stop and search any vehicle or vessel which he suspects with reasonable cause to contain a person whom he is empowered by that subsection to arrest without warrant.

(3) Whenever a person is arrested under this section, he may be removed to and kept in custody in a Garda station, prison, or other convenient place for a period of 48 hours from the time of his arrest and may, if a member of the Garda Síochána not below the rank of chief superintendent so directs, be kept in such custody for a further period not exceeding five days.

(4) A person in custody under subsection (3) of this section may, at any time during such custody, be charged before the District Court or a special court established under Article 38.3.1° of the Constitution with an offence or be released by direction of a member of the Garda Síochána not below the rank of superintendent, and shall, if not so charged or released, be released at the expiration of the custody.

(5) The powers conferred by section 30 of the Offences against the State Act, 1939 , shall not be exercisable during a period when this section is in force.

Expiry of Act.

3.—Notwithstanding any other provision of this Act, whenever each of the Houses of the Oireachtas resolves that the national emergency resolved to exist by each such House on the first day of September, 1976, has ceased to exist, this Act shall, on and from the date of such first-mentioned resolution, expire.

Short title.

4.—This Act may be cited as the Emergency Powers Act, 1976.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1985

AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 to 1972. [19th February, 1985]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—(1) In this Act—

“bank” means the holder of a licence under the Central Bank Act, 1971 , and the persons specified in section 7 (4) of that Act and any other financial institution;

“the Minister” means the Minister for Justice;

“the Principal Act” means the Offences against the State Act, 1939 .

(2) References in this Act to moneys held by a bank include references to shares in a building society of a depositor in the society.

Payment of moneys of unlawful organisations into High Court.

2.—(1) (a) On production to any bank of a document purporting to be signed by the Minister and bearing the seal of the Minister and stating—

(i) that, in the opinion of the Minister, moneys described in the document and held by the bank would, but for the operation of section 22 of the Principal Act, be the property of an unlawful organisation and that those moneys stand forfeited to and vested in the Minister by virtue of the said section 22, and

(ii) that the Minister requires the bank to pay those moneys, or so much of them as are held by the bank at the time of the production to it of the document, into the High Court on a specified day or not later than a specified day and, in the meantime, to refrain from doing any act or making any omission inconsistent with that requirement and to notify as soon as may be thereafter the person or persons in whose name or names the moneys are held by the bank of their payment into that Court,

the bank shall comply with the requirement.

(b) Production of a document specified in paragraph (a) of this subsection to the chief officer or other person, by whatever name called, having charge of the management of a bank or to the manager, or an official of the bank acting as manager, of the branch of a bank into which the moneys concerned were, or are believed by the Minister to have been, paid shall be deemed for the purposes of that paragraph to be production of the document to the bank.

(c) (i) Subject to subparagraph (ii) of this paragraph, paragraph (a) of this subsection shall remain in operation for the period of 3 months beginning on its commencement and shall then cease to be in operation.

(ii) The Government may, from time to time by order at any time when paragraph (a) of this subsection is in operation, continue that paragraph in operation for such further period not exceeding 3 months as may be specified in the order.

(iii) The Government may from time to time by order, at any time when paragraph (a) of this subsection is not in operation, provide that that paragraph shall come into operation on such day as may be specified in the order and shall remain in operation for such period not exceeding 3 months as may be specified in the order, and that paragraph shall come into and remain in operation in accordance with the provisions of any such order.

(iv) Every order under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(2) (a) If proceedings are not brought, under section 3 of this Act or otherwise, in relation to moneys paid into the High Court under this section or in respect of or arising out of any such payment within 6 months of the day on which the moneys were paid into that Court or if all such proceedings brought are dismissed—

(i) the moneys shall not be paid out of the High Court otherwise than in accordance with subparagraph (ii) of this paragraph, and

(ii) the Minister may, after the expiration of the period aforesaid of 6 months, apply ex parte to the High Court for an order directing that the moneys be paid to the Minister or into such account at such bank as the Minister may specify, and,

without prejudice to the rights of any person under section 4 of this Act, the High Court shall make the order and the Minister shall cause a copy of the order to be sent to the bank by whom the moneys were paid into that Court.

(b) The reference in paragraph (a) of this subsection to the dismissal of proceedings includes a reference to the case where, following the decision of the Supreme Court in a case where there is an appeal in any such proceedings to that Court, the proceedings stand dismissed.

(c) Moneys paid pursuant to an order of the High Court under section 2 of this Act shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

Recovery by owner, in certain circumstances, of moneys paid into High Court under section 2 .

3.—(1) A person claiming to be an owner of moneys paid into the High Court pursuant to section 2 of this Act may, within 6 months of the day on which the moneys were paid into that Court, apply to that Court for an order directing that the moneys, together with such amount in respect of interest thereon as that Court considers reasonable, be paid to him and, if that Court is satisfied that section 22 of the Principal Act has not had effect in relation to the moneys and that the person is the owner of the moneys, it shall make the order aforesaid.

(2) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under subsection (1) of this section.

Compensation for owner, in certain circumstances, where moneys are paid into High Court under section 2 .

4.—(1) Where moneys paid into the High Court pursuant to section 2 of this Act are ordered by that Court under section 3 of this Act to be paid to any person, that Court may, on application to it under this subsection award to the person, compensation payable by the Minister in respect of any loss incurred by him by reason of the payment of the moneys into and their retention in that Court under the said section 2 .

(2) Where, on application to the High Court under this subsection, a person shows to the satisfaction of that Court—

(a) that moneys paid to the Minister under section 2 of this Act are not moneys in relation to which section 22 of the Principal Act has had effect, and

(b) that the person is the owner of the moneys,

the High Court may—

(i) if it is of opinion that there are reasonable grounds for the failure of the person to make an application to that Court under section 3 of this Act in respect of the moneys within the time specified in that section, and

(ii) if the application under this subsection has been made within 6 years of the day on which the moneys were paid into that Court pursuant to section 2 of this Act,

award to the person compensation payable by the Minister in respect of any loss incurred by the person by reason of the payment of the moneys into and their retention in the High Court, and their payment to the Minister and retention by the State, under the said section 2 .

(3) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section.

Evidence.

5.—(1) Production to a court in any proceedings of a document signed by the Minister and stating that moneys described in the document that were held on a specified day by a specified bank would, but for the operation of section 22 of the Principal Act, have been the property of an unlawful organisation on that day shall be evidence that the moneys so described would, but for the operation of the said section 22, have been the property of an unlawful organisation on the day so specified.

(2) A document purporting to be a document of the Minister under subsection (1) of this section and to be signed by the Minister shall be deemed for the purposes of this section to be such a document and to be so signed unless the contrary is shown.

(3) On the application of any party to proceedings, under section 3 of this Act or otherwise, in relation to moneys paid into the High Court under section 2 of this Act by a bank or in respect of or arising out of any such payment, the court may order the bank or a specified officer of the bank to produce and prove to the court all or specified documents or records in the bank’s possession or within its procurement that are relevant to the payment of the moneys or part of them into or out of the bank or to the opening, maintenance, operation or closing of any account at the bank in respect of the moneys or part of them.

Immunity from proceedings.

6.—No action or proceedings of any kind shall lie against a bank in any court in respect of—

(a) acts done by the bank in compliance with a requirement in a document produced to it pursuant to section 2 of this Act, or

(b) the non-payment by the bank of the moneys, or part thereof, to which the document relates, or other moneys in lieu of them, to the person (or a person authorised by him to receive them) who, but for the operation of section 22 of the Principal Act, would be the owner of the moneys.

Offences.

7.—(1) A bank that fails or refuses to comply with a requirement in a document under section 2 of this Act shall be guilty of an offence and shall be liable, on conviction on indictment, to a fine not exceeding £100,000.

(2) Where an offence committed by a bank under subsection (1) of this section is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the bank concerned, or the chief officer or other person, by whatever name called, having charge of the management of the bank, or the secretary or other officer of the bank (including the manager of, or other official of the bank at, a branch of the bank), that person shall also be deemed to have committed the offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.

Meaning of “property of unlawful organisation” in this Act and sections 22 and 23 of Principal Act.

8.—(1) For the removal of doubt, it is hereby declared that section 22 of the Principal Act applies and always applied to property of an unlawful organisation acquired by it at any time while a suppression order under section 19 of that Act in respect of it is or was in force as well as to the property of the organisation immediately upon the making of the suppression order.

(2) Moneys held by any person for the use or benefit of, or for use for the purposes of, an unlawful organisation in respect of which a suppression order under section 19 of the Principal Act, is in force shall be deemed, for the purposes of this Act and sections 22 and 23 of the Principal Act, to be the property of the organisation, and this Act and those sections shall apply and have effect accordingly.

Short title and construction.

9.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1985.

(2) The Offences against the State Acts, 1939 to 1972, and this Act shall be construed as one and may be cited together as the Offences against the State Acts, 1939 to 1985.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998

AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 TO 1985, AND CERTAIN OTHER ENACTMENTS RELATING TO CRIMINAL LAW AND TO PROVIDE FOR RELATED MATTERS. [3rd September, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“the Act of 1939” means the Offences against the State Act, 1939 ;

“the Acts” means the Offences against the State Acts, 1939 to 1998;

“explosive” means an explosive within the meaning of the Explosives Act, 1875 , and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act, 1883 ;

“firearm” has the same meaning as it has in the Firearms Acts, 1925 to 1990.

(2) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended.

(3) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment, including this Act.

Membership of an unlawful organisation: inferences that may be drawn.

2.—(1) Where in any proceedings against a person for an offence under section 21 of the Act of 1939 evidence is given that the accused at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely on an inference drawn from such a failure.

(2) Subsection (1) shall not have effect unless the accused was told in ordinary language when being questioned what the effect of such a failure might be.

(3) Nothing in this section shall, in any proceedings—

(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could be properly drawn apart from this section.

(4) In this section—

(a) references to any question material to the investigation include references to any question requesting the accused to give a full account of his or her movements, actions, activities or associations during any specified period,

(b) references to a failure to answer include references to the giving of an answer that is false or misleading and references to the silence or other reaction of the accused shall be construed accordingly.

(5) This section shall not apply in relation to failure to answer a question if the failure occurred before the passing of this Act.

Notification of witnesses.

3.—(1) In proceedings for an offence under section 21 of the Act of 1939 the accused shall not without the leave of the court call any other person to give evidence on his or her behalf unless, before the end of the prescribed period, he or she gives notice of his or her intention to do so.

(2) Without prejudice to subsection (1), in any such proceedings the accused shall not without the leave of the court call any other person (in this section referred to as “the witness”) to give such evidence unless—

(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he or she gives the notice, any information in his or her possession which might be of material assistance in finding the witness,

(b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,

(c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he or she gives notice forthwith of the name, address or other information, as the case may be, and

(d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given, he or she gives notice forthwith of any such information which is then in his or her possession or, on subsequently receiving any such information, gives notice of it forthwith.

(3) The court shall not refuse leave under this section if it appears to the court that the accused was not informed of the requirements of this section—

(a) by the District Court when he or she was sent forward for trial, or

(b) by the trial court when, on being sent forward by the District Court for sentence, he or she changed his or her plea to one of not guilty, or

(c) where he or she was brought before a Special Criminal Court for trial under section 47 of the Act of 1939, by the Court when it fixed the date of trial.

(4) Any notice purporting to be given under this section on behalf of the accused by his or her solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.

(5) A notice under subsection (1) shall either be given in court during, or at the end of, the preliminary examination of the offence concerned or be given in writing to the solicitor for the prosecution, and a notice under paragraph (c) or (d) of subsection (2) shall be given in writing to that solicitor.

(6) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or her or by leaving it at his or her office or by sending it to him or her by registered post at his or her office.

(7) In this section “the prescribed period” means—

(a) the period of 14 days from the end of the preliminary examination referred to in subsection (5), or

(b) where the accused waives a preliminary examination, the period of 14 days from the date of the waiver, or

(c) where the accused, on being sent forward for sentence, changes his or her plea to one of not guilty, the period of 14 days from the date on which he or she does so, or

(d) where the accused is brought before a Special Criminal Court for trial under section 47 of the Act of 1939, such period as is fixed by the Court when the Court fixes the date of trial.

(8) This section shall not apply in respect of any person whom the accused intends to call to give evidence on his or her behalf solely in relation to the matter of sentence in the event that the accused is convicted of the offence concerned.

(9) This section shall not apply in relation to proceedings referred to in subsection (1) commenced before the passing of this Act and for the purposes of this subsection proceedings referred to in subsection (1) are commenced when the accused is first brought before a court charged with the offence concerned or, as the case may be, is charged before a court with the offence concerned.

Amendment of section 3 of Offences against the State (Amendment) Act, 1972 .

4.— Section 3 of the Offences against the State (Amendment) Act, 1972 , is hereby amended by the substitution of the following paragraph for paragraph (b) of subsection (1):

“(b) In paragraph (a) of this subsection ‘conduct’ includes—

(i) movements, actions, activities or associations on the part of the accused person, and

(ii) omission by the accused person to deny published reports that he was a member of an unlawful organisation, but the fact of such denial shall not by itself be conclusive.”.

Inferences from failure of accused to mention particular facts.

5.—(1) This section applies to—

(a) an offence under the Acts,

(b) an offence that is for the time being a scheduled offence for the purposes of Part V of the Act of 1939.

being an offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of 5 years or by a more severe penalty.

(2) Where in any proceedings against a person for an offence to which this section applies evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

(b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time he or she could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, then the court, in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure is material, but a person shall not be convicted of an offence solely on an inference drawn from such a failure.

(3) Subsection (2) shall not have effect unless the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of such a failure might be.

(4) Nothing in this section shall, in any proceedings—

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section.

(5) This section shall not apply in relation to a failure to mention a fact if the failure occurred before the passing of this Act.

Directing an unlawful organisation.

6.— A person who directs, at any level of the organisation’s structure, the activities of an organisation in respect of which a suppression order has been made under section 19 of the Act of 1939 shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life.

Possession of articles for purposes connected with certain offences.

7.—(1) A person shall be guilty of an offence if he or she has any article in his or her possession or under his or her control in circumstances giving rise to a reasonable suspicion that the article is in his or her possession or under his or her control for a purpose connected with the commission, preparation or instigation of an offence under the Explosive Substances Act, 1883 , or the Firearms Acts, 1925 to 1990, which is for the time being a scheduled offence for the purposes of Part V of the Act of 1939.

(2) It shall be a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his or her possession or under his or her control for any purpose specified in subsection (1).

(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

(4) The reference in subsection (1) to an offence under an enactment referred to therein shall be deemed to include a reference to an act or omission done or made outside the State that would be an offence under such an enactment if done or made in the State.

Unlawful collection of information.

8.—(1) It shall be an offence for a person to collect, record or possess information which is of such a nature that it is likely to be useful in the commission by members of any unlawful organisation of serious offences generally or any particular kind of serious offence.

(2) It shall be a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the information in question was not being collected or recorded by him or her, or in his or her possession, for the purpose of its being used in such commission of any serious offence or offences.

(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

(4) In this section—

“members of any unlawful organisation” includes members of such an organisation whose identities are unknown to the Garda Síochána;

“serious offence” means an offence which satisfies both of the following conditions:

(a) it is an offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of 5 years or by a more severe penalty, and

(b) it is an offence that involves loss of human life, serious personal injury (other than injury that constitutes an offence of a sexual nature), false imprisonment or serious loss of or damage to property or a serious risk of any such loss, injury, imprisonment or damage,

and includes an act or omission done or made outside the State that would be a serious offence if done or made in the State.

Withholding information.

9.—(1) A person shall be guilty of an offence if he or she has information which he or she knows or believes might be of material assistance in—

(a) preventing the commission by any other person of a serious offence, or

(b) securing the apprehension, prosecution or conviction of any other person for a serious offence,

and fails without reasonable excuse to disclose that information as soon as it is practicable to a member of the Garda Síochána.

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.

(3) In this section “serious offence” has the same meaning as it has in section 8 .

Extension of period of detention under section 30 of Act of 1939.

10.— Section 30 of the Act of 1939 is hereby amended by the substitution of the following subsections for subsection (4):

“(4) An officer of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for a warrant authorising the detention of a person detained pursuant to a direction under subsection (3) of this section for a further period not exceeding 24 hours if he has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(4A) On an application under subsection (4) of this section the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(4B) On an application under subsection (4) of this section the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the officer of the Garda Síochána making the application.

(4C) A person detained under this section may, at any time during such detention, be charged before the District Court or a Special Criminal Court with an offence or be released by direction of an officer of the Garda Síochána and shall, if not so charged or released, be released at the expiration of the period of detention authorised by or under subsection (3) of this section or, as the case may be, that subsection and subsection (4A) of this section.”.

Rearrest under section 30 of Act of 1939.

11.— The following section is hereby inserted after section 30 of the Act of 1939:

“30A. (1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 30 of this Act and is released without any charge having been made against him he shall not—

(a) be arrested again for the same offence, or

(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested, suspected, or ought reasonably to have suspected, him of having committed,

except under the authority of a warrant issued by a judge of the District Court who is satisfied on information supplied on oath by an officer of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his suspected participation in the offence for which his arrest is sought.

(2) Section 30 of this Act, and, in particular, any powers conferred thereby, shall apply to or in respect of a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1) of this section as it applies to or in respect of a person to whom that section applies, with the following and any other necessary modifications:

(a) the substitution of the following subsection for subsection (3):

‘(3) Whenever a person is arrested under a warrant issued pursuant to section 30A(1) of this Act, he may be removed to and detained in custody in a Garda Síochána station, a prison or some other convenient place for a period of 24 hours from the time of his arrest.’,

(b) the deletion of subsections (4), (4A) and (4B), and

‘or, in case the detention follows an arrest under a warrant issued pursuant to section 30A of this Act, by subsection (3) of this section as substituted by the said section 30A.’.

(3) Notwithstanding subsection (1) of this section, a person to whom that subsection relates may be arrested for any offence for the purpose of charging him with that offence forthwith.”.

Training persons in the making or use of firearms, etc.

12.—(1) A person who instructs or trains another or receives instruction or training in the making or use of firearms or explosives shall be guilty of an offence.

(2) It shall be a defence for a person charged with an offence under this section to prove that the giving or receiving of such instruction or training was done with lawful authority or that he or she had reasonable excuse for giving or receiving such instruction or training.

(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.

(4) This section shall not apply to any assembly referred to in section 15 (4) of the Act of 1939.

Provision in relation to section 52 of Act of 1939.

13.— Section 52 of the Act of 1939 shall not have effect in relation to a person referred to in subsection (1) thereof unless, immediately before a demand is made of him or her under that subsection, he or she is informed in ordinary language by a member of the Garda Síochána of—

(a) the fact that the demand is being made under the said section 52 , and

(b) the consequences provided by that section for a failure or refusal to comply with such a demand or for the giving of any account or information in purported compliance with such a demand which is false or misleading.

Offences under Act to be scheduled offences.

14.—(1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to each offence under sections 6 to 9 and 12 .

(2) Each offence under sections 6 to 9 and 12 shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of that Act in relation to it and subsection (3) of that section and section 37 of that Act shall apply to such an offence accordingly.

(3) Nothing in subsection (1) or (2) shall be construed as affecting, or limiting in any particular case, the exercise—

(a) by the Government of any of its powers under any provision of section 35 or 36 of the Act of 1939,

(b) by the Director of Public Prosecutions of his or her power under section 45 (2) of the said Act to direct that a person not be sent forward for trial by the Special Criminal Court on a particular charge, or

(c) by the Government or the Director of Public Prosecutions of any other of its or his or her powers under Part V of the said Act or by any other person of his or her powers under the said Part.

Penalties for certain offences.

15.—(1) Section 15 of the Firearms Act, 1925 , as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 , and section 14 of the Criminal Justice Act, 1984 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution for “imprisonment for life” of “a fine or imprisonment for life or both”.

(2) Section 27A(1) of the Firearms Act, 1964 , inserted by section 8 of the Criminal Law (Jurisdiction) Act, 1976 , and amended by section 14 of the Criminal Justice Act, 1984 (possession of firearm or ammunition in suspicious circumstances) is hereby amended by the substitution for “imprisonment for a term not exceeding ten years” of “a fine or imprisonment for a term not exceeding ten years or both”.

(3) Section 3 of the Explosive Substances Act, 1883 , inserted by section 4 of the Criminal Law (Jurisdiction) Act, 1976 , is hereby amended by the substitution for “imprisonment for life” of “a fine or imprisonment for life or both”.

(4) Section 4 of the Explosive Substances Act, 1883 , is hereby amended by the deletion in subsection (1) of all the words from “of felony” to the end of that subsection and the substitution of “of an offence and shall be liable, on conviction on indictment, to a fine or imprisonment for a term not exceeding 14 years or both, and the explosive substance shall be forfeited.”.

Amendment of Schedule to Bail Act, 1997 .

16.— The Schedule to the Bail Act, 1997 , is hereby amended by the substitution for paragraph 25 of the following paragraph:

“25. Any offence under the Offences against the State Acts, 1939 to 1998.”.

Forfeiture of property.

17.— Section 61 of the Criminal Justice Act, 1994 , is hereby amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) Where—

(a) a person has been convicted of an offence under section 3 or 4 of the Explosive Substances Act, 1883 , section 15 of the Firearms Act, 1925 , or section 27A of the Firearms Act, 1964 , and

(b) a forfeiture order may be made in the case of that person by virtue of subsection (1) of this section in respect of property to which that subsection applies,

the court shall, subject to subsection (5) of this section, make the forfeiture order, unless, having regard to the matters mentioned in subsection (2) of this section and to the nature and degree of seriousness of the offence of which the person has been convicted, it is satisfied that there would be a serious risk of injustice if it made the order.”,

and

(b) by the insertion of the following subsection after subsection (5):

“(5A) A court may, in making a forfeiture order, include such provisions in that order, or, as the case may require, may make an order supplemental to that order that contains such provisions, as appear to it to be necessary to protect any interest in the property, the subject of the forfeiture order, of a person other than the offender.”.

Duration of certain sections.

18.—(1) Each of the following sections, namely sections 2 to 12 and 14 and 17 shall, subject to subsection (2), cease to be in operation on and from the 30th day of June, 2000, unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.

(2) A section referred to in subsection (1) may be continued in operation from time to time by a resolution passed by each House of the Oireachtas before its expiry for such period as may be specified in the resolutions.

(3) Before a resolution under this section in relation to a section specified in subsection (1) is passed by either House of the Oireachtas, the Minister for Justice, Equality and Law Reform shall prepare a report, and shall cause a copy of it to be laid before that House, of the operation of the section during the period beginning on the passing of this Act or, as may be appropriate, the date of the latest previous report under this subsection in relation to that section and ending not later than 21 days before the date of the moving of the resolution in that House.

(4) For the avoidance of doubt, any enactment the amendment of which is effected by a section of this Act that ceases to be in operation on and from the day referred to in subsection (1) or, as the case may be, the expiry of the period for which it is continued in operation under subsection (2) (“the expiry”) shall, on and from that day or, as the case may be, the expiry, apply and have effect as it applied and had effect immediately before the passing of this Act but subject to any amendments made by any other Act of the Oireachtas after such passing.

Short title, construction and collective citation.

19.—(1) This Act may be cited as the Offences against the State (Amendment) Act, 1998.

(2) The Offences against the State Acts, 1939 to 1985, and this Act (other than sections 15 to 18 ) shall be construed together as one and may be cited together as the Offences against the State Acts, 1939 to 1998.

CRIMINAL LAW ACT, 1976

AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1939” means the Offences against the State Act, 1939 ;

“the Defence Forces” means the Permanent Defence Force within the meaning of the Defence Act, 1954 ;

“prison” includes Saint Patrick’s Institution, any place provided under section 2 of the Prisons Act, 1970 , any place in which persons are kept in military custody pursuant to section 2 of the Prisons Act, 1972 , or any place specified to be used as a prison under section 3 of that Act, and “governor” and “prison officer” shall be construed accordingly;

“unlawful organisation” means an organisation which is an unlawful organisation within the meaning and for the purposes of the Act of 1939.

Penalties for certain offences under Act of 1939.

2.—(1) The maximum penalty for a felony under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years”.

(2) The maximum penalty for a misdemeanour under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(3) The maximum penalty for a felony under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding seven years or to imprisonment for a term not exceeding two years”.

(4) The maximum penalty for a misdemeanour under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(5) The maximum penalty for an offence under section 15 of the Act of 1939 shall be imprisonment for 15 years and, accordingly, section 15 (3) of that Act is hereby amended by the substitution of “15 years” for “two years”.

(6) The maximum penalty for an offence under section 21 of the Act of 1939 shall be, in the case of a conviction on indictment, imprisonment for 7 years and, accordingly, section 21 (2) of that Act is hereby amended by the substitution in paragraph (b) of “7 years” for “two years”.

(7) The maximum penalty for an offence under section 27 of the Act of 1939 shall be a fine of £500 or imprisonment for 12 months or both and, accordingly, section 27 (4) of that Act is hereby amended by the substitution of “£500” for “fifty pounds” and “12 months” for “three months”.

Incitement or invitation to join etc. an unlawful organisation.

3.—Any person who recruits another person for an unlawful organisation or who incites or invites another person (or other persons generally) to join an unlawful organisation or to take part in, support or assist its activities shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

Amendment of section 25 of Act of 1939.

4.—Section 25 of the Act of 1939 is hereby amended—

(a) by the substitution of “12 months” for “three months” in subsections (1) and (2), and

(b) by the addition of the following subsection:

“(6) Whenever a closing order has been extended, a member of the Garda Síochána not below the rank of chief superintendent may extend the operation of such closing order for a further period or periods each of which shall not exceed 12 months, but a closing order shall not be in operation for more than three years.”.

Search warrants relating to commission of offences under Act of 1939 etc.

5.—The following section is hereby substituted for section 29 of the Act of 1939 :

“29.—(1) Where a member of the Garda Síochána not below the rank of superintendent is satisfied that there is reasonable ground for believing that evidence of or relating to the commission or intended commission of an offence under this Act or the Criminal Law Act, 1976, or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act, or evidence relating to the commission or intended commission of treason, is to be found in any building or part of a building or in any vehicle, vessel, aircraft or hovercraft or in any other place whatsoever, he may issue to a member of the Garda Síochána not below the rank of sergeant a search warrant under this section in relation to such place.

(2) A search warrant under this section shall operate to authorise the member of the Garda Síochána named in the warrant, accompanied by any members of the Garda Síochána or the Defence Forces, to enter, within one week from the date of the warrant, and if necessary by the use of force, any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place named in the warrant, and to search it and any person found there, and to seize anything found there or on such person.

(3) A member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section may—

(a) demand the name and address of any person found where the search takes place, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading or which the member with reasonable cause suspects to be false or misleading.

(4) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(5) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.”.

Escape from custody.

6.—(1) Any person who—

(a) aids any person in escaping or attempting to escape from lawful custody or, with intent to facilitate the escape of any person from lawful custody or enable a person after escape to remain unlawfully at large, or with intent to cause injury to persons or property in a place where a person is in lawful custody, conveys any article or thing into or out of such a place or to a person in such a place or places any article or thing inside or outside such a place, or

(b) makes, or takes part in, any arrangement for the purpose of enabling a person to escape from lawful custody, facilitating such an escape, enabling a person after escape to remain unlawfully at large, or causing injury to persons or property in a place where a person is in lawful custody,

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

(2) Any person who, contrary to any rules or regulations in force in relation to a prison, conveys or attempts to convey any article or thing into or out of the prison or to a person in the prison, or places any article or thing in any place inside or outside the prison with intent that it shall come into the possession of a person in the prison, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A prison officer may in the interests of security search any person at any time while he is in a prison or while he is in the custody of the governor of a prison.

Power of Garda Síochána in relation to certain arrested persons.

7.—(1) Where a person is in custody under the provisions of section 30 of the Act of 1939 or section 2 of the Emergency Powers Act, 1976, a member of the Garda Síochána may do all or any of the following in respect of him :

(a) demand of him his name and address;

(b) search him or cause him to be searched;

(d) take, or cause to be taken, his fingerprints and palm prints;

(e) make or cause to be made any test designed for the purpose of ascertaining whether he has been in contact with any firearm (within the meaning of the Firearms Acts, 1925 to 1971) or with any explosive substance (within the meaning of the Explosive Substances Act, 1883 ) and for that purpose take swabs from his skin or samples of his hair;

(f) seize and retain for testing anything that he has in his possession.

(2) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section, or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Power of Garda Síochána to search vehicles and persons in vehicles.

8.—(1) This section applies to:

(a) an offence under the Act of 1939 or an offence that is for the time being a scheduled offence for the purposes of Part V of that Act;

(b) an offence under section 2 or 3 of the Criminal Law (Jurisdiction) Act, 1976 ;

(d) an offence under section 23 , 23A or 23B of the Larceny Act, 1916 ;

(e) an offence of malicious damage to property involving the use of fire or of any explosive substance (within the meaning of section 7 (1) (e) of this Act);

(f) an offence under the Firearms Acts, 1925 to 1971;

(g) escape from lawful custody;

(h) an offence under section 11 of the Air Navigation and Transport Act, 1973 , or under section 10 of the Criminal Law (Jurisdiction) Act, 1976 ;

(i) an offence under this Act.

(2) Where a member of the Garda Síochána who with reasonable cause suspects that an offence to which this section applies has been, is being or is about to be committed requires a person to stop a vehicle with a view to ascertaining whether—

(a) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(b) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in paragraph (a) or (b) above exists, he may search any person in or accompanying the vehicle.

(3) A member of the Garda Síochána may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.

Power to retain articles seized.

9.—(1) Where in the course of exercising any powers under this Act or in the course of a search carried out under any other power, a member of the Garda Síochána, a prison officer or a member of the Defence Forces finds or comes into possession of anything which he believes to be evidence of any offence or suspected offence, it may be seized and retained for use as evidence in any criminal proceedings, or in any proceedings in relation to a breach of prison discipline, for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act, 1897 , shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a person proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, that person shall not seize or retain the document unless he suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

Prohibition of possession of photographs etc. of certain buildings.

10.—(1) A person in lawful custody in any prison, Garda station or courthouse shall not have in his possession any photograph, film, illustration, drawing, sketch, map, plan or other representation of or note concerning any part of the interior or exterior of any prison, Garda station or courthouse without the permission of the governor (if he is in a prison), of the member of the Garda Síochána in charge (if he is in a Garda station) or of the court before which the person in question is appearing or is to appear (if he is in a courthouse), and any such person who has any such representation or note in his possession without that permission shall, unless he has it in his possession when taken into custody and discloses that fact on being informed that possession of any such representation or note without permission is forbidden, be guilty of an offence.

(2) (a) A person who is in or in the precincts of a prison, Garda station or courthouse and while there intends to visit or meet, or has visited or met, a person in lawful custody in that prison, station or courthouse shall not have in his possession any representation or note which is referred to in subsection (1) of this section without the permission specified in that subsection, and any person who has any such representation or note in his possession without that permission shall be guilty of an offence if he has been informed orally or by written notice that possession of any such representation or note without that permission is forbidden.

(b) Notwithstanding paragraph (a) of this subsection, if a person applies for the permission specified in subsection (1) of this section at the first available opportunity after arrival at the prison, Garda station or courthouse, he shall not be guilty of an offence under this subsection unless and until the permission is refused and he continues to retain possession of the representation or note.

(3) Nothing in this section shall make it unlawful for a person to have in his possession in a courthouse any representation or note which is referred to in subsection (1) of this section and is intended for production, use or reference in any proceedings that are taking place, are about to take place or have taken place in that court-house.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Certain offences to be felonies.

11.—(1) The offences of kidnapping and false imprisonment and an offence under section 10 of the Criminal Law (Jurisdiction) Act, 1976 , shall be felonies.

(2) A person guilty of kidnapping or guilty of false imprisonment shall be liable on conviction on indictment to imprisonment for life.

Prohibition of giving certain false information.

12.—Any person who—

(a) knowingly makes a false report or statement tending to show that an offence has been committed, whether by himself or another person, or tending to give rise to apprehension for the safety of persons or property, or

(b) knowingly makes a false report or statement tending to show that he has information material to any inquiries by the Garda Síochána and thereby causes the time of the Garda Síochána to be wastefully employed,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Offence committed while serving sentence.

13.—(1) Any sentence of penal servitude or imprisonment or of detention in Saint Patrick’s Institution passed on a person for an offence committed while he is serving any such sentence shall be consecutive on the sentence that he is serving or, if he is serving or is due to serve more than one sentence, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment or detention in respect of those consecutive sentences shall not exceed twelve months.

(2) Subsection (1) of this section shall not apply in any case where the sentence being served or to be passed is a sentence of penal servitude for life or imprisonment for life.

(3) Subsection (1) of this section shall apply notwithstanding any thing contained in section 5 of the Criminal Justice Act, 1951 .

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

14.—In sections 13 and 14 of the Act of 1939, “document” does not include any of the things specified in the amendment of the definition of “document” made by section 5 of the Offences against the State (Amendment) Act, 1972.

Power of Defence Forces to arrest and search in certain circumstances.

15.—(1) The powers conferred by subsections (3) and (4) of this section may be exercised only in accordance with subsection (2) of this section.

(2) Whenever a member of the Garda Síochána not below the rank of superintendent requests an officer of the Defence Forces to make members of the Defence Forces available for the purpose of the exercise of the powers conferred by subsections (3) and (4) of this section during a period specified in the request, the officer may make—

(a) himself and one or more members of the Defence Forces under his command, or

(b) one or more members of the Defence Forces under his command,

available for the purpose aforesaid, and a member of the Defence Forces made available as aforesaid may, while on duty in uniform during the period specified in the request, exercise the powers conferred by the said subsections (3) and (4).

(3) (a) A member of the Defence Forces who with reasonable cause suspects that an offence to which section 8 of this Act applies has been, is being or is about to be committed may require a person to stop a vehicle with a view to ascertaining whether—

(i) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(ii) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

and he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in subparagraph (i) or (ii) above exists, he may search any person in or accompanying the vehicle.

(b) A member of the Defence Forces may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) (a) A member of the Defence Forces may arrest without warrant a person whom he, with reasonable cause, suspects to be in the act of committing, of having committed or of being about to commit an offence to which section 8 of this Act applies and in relation to which a member of the Garda Síochána would be entitled, if he so suspected, to arrest the person.

(b) For the purpose of arresting a person under this subsection, a member of the Defence Forces shall have the same power to enter and search any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place as a member of the Garda Síochána would have in like circumstances.

(5) A person arrested under this section shall, as soon as may be, be delivered into the custody of the Garda Síochána or released and shall in any event, if he has not then been so delivered, be released upon the expiration of 6 hours from the time of his arrest.

(6) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting an arrest as a member of the Defence Forces because he suspects the person being arrested of being in the act of committing, of having committed or of being about to commit, as the case may be, an offence to which section 8 of this Act applies.

(7) (a) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by an officer of the Defence Forces not below the rank of commandant and stating—

(i) that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate,

(ii) that the power aforesaid was exercised by the officer named in the certificate or, as the case may be, by a member or members of the Defence Forces under his command or by that officer and a member or members of the Defence Forces under his command, and that, at the time of such exercise, those exercising the power were on duty in uniform and had been made available pursuant to the request aforesaid, and

(iii) that the power aforesaid was exercised during the period specified in the request.

shall, without proof of the signature of the person purporting to have signed the certificate or that he was an officer of the Defence Forces not below the rank of commandant, be evidence in any proceedings of the matters certified in and by the certificate.

(b) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by a member of the Garda Síochána not below the rank of superintendent and stating that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate shall, without proof of the signature of the person purporting to have signed the certificate or that he was a member of the Garda Síochána not below the rank of superintendent, be evidence in any proceedings of the matters certified in and by the certificate.

(8) This section shall have effect only as long as the Emergency Powers Act, 1976 is in force.

Short title and application.

16.—(1) This Act may be cited as the Criminal Law Act, 1976.

(2) Sections 2 and 11 of this Act shall not apply in relation to offences committed before the passing of this Act and the reference in section 13 (1) of this Act to an offence is a reference to an offence committed after such passing.

OAS Powers & Evidence

OFFENCES AGAINST THE STATE ACT 1939

Definitions.

Search warrants in relation to the commission of offences under this Act or to treason.

Arrest and detention of suspected persons.

Offences by bodies corporate.

Re-capture of escaped prisoners.

Remission, etc., in respect of convictions by a Special Criminal Court.

Forfeitures and disqualifications on certain convictions by a Special Criminal Court.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1940.

Powers of Detention.

Commencement and cesser of this Part of this Act.

Special powers of arrest and detention.

Powers of search, etc., of detained persons.

Release of detained persons.

Regulations in relation to places of detention.

Commission for inquiring into detentions.

Returns to be laid before each House of the Oireachtas.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1972

Power to question person found near place of commission of scheduled offence.

Evidence of membership of unlawful organisation.

Statements, meetings etc., constituting interference with the course of justice.

Amendment of section 2 of Act of 1939.

EMERGENCY POWERS ACT, 1976

Duration of section 2.

Arrest, custody and questioning of persons suspected of certain offences.

Expiry of Act.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1985

Definitions.

Payment of moneys of unlawful organisations into High Court.

Recovery by owner, in certain circumstances, of moneys paid into High Court under section 2 .

Compensation for owner, in certain circumstances, where moneys are paid into High Court under section 2 .

Evidence.

Immunity from proceedings.

Offences.

Meaning of “property of unlawful organisation” in this Act and sections 22 and 23 of Principal Act.

OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998

Interpretation.

Membership of an unlawful organisation: inferences that may be drawn.

Notification of witnesses.

Amendment of section 3 of Offences against the State (Amendment) Act, 1972 .

Inferences from failure of accused to mention particular facts.

Directing an unlawful organisation.

Possession of articles for purposes connected with certain offences.

Unlawful collection of information.

Withholding information.

Extension of period of detention under section 30 of Act of 1939.

Rearrest under section 30 of Act of 1939.

Training persons in the making or use of firearms, etc.

Provision in relation to section 52 of Act of 1939.

Offences under Act to be scheduled offences.

Penalties for certain offences.

Amendment of Schedule to Bail Act, 1997 .

Forfeiture of property.

Duration of certain sections.

CRIMINAL LAW ACT, 1976

Definitions.

Penalties for certain offences under Act of 1939.

Incitement or invitation to join etc. an unlawful organisation.

Search warrants relating to commission of offences under Act of 1939 etc.

Escape from custody.

Power of Garda Síochána in relation to certain arrested persons.

Power of Garda Síochána to search vehicles and persons in vehicles.

Power to retain articles seized.

Prohibition of possession of photographs etc. of certain buildings.

Certain offences to be felonies.

Prohibition of giving certain false information.

Offence committed while serving sentence.

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

Power of Defence Forces to arrest and search in certain circumstances.

Short title and application.

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