Offences Against the State

TREASON ACT, 1939.

AN ACT TO PROVIDE FOR THE PUNISHMENT OF TREASON AND CERTAIN ANCILLARY OFFENCES. [30th May, 1939.]

WHEREAS it is provided by Article 39 of the Constitution that treason shall consist only in levying war against the State, on assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government, established by the Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt:

AND WHEREAS, in order that the said Article 39 may be fully effective, it is necessary that provision should be made by statute for the punishment of persons who commit or are accessories to the commission of treason:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Punishment of treason.

1.—(1) Every person who commits treason within the State shall be liable on conviction thereof to suffer death.

(2) Every person who, being an Irish citizen or ordinarily resident within the State, commits treason outside the State shall be liable on conviction thereof to suffer death.

(3) Whenever a person charged with treason is indicted therefor before the Central Criminal Court, he shall be so indicted in the same manner in all respects as a person charged with murder is required by law to be indicted, and every person who is indicted in manner aforesaid for treason shall be arranged and tried in the same manner and according to the same course and order of trial as a person indicted for murder is required by law to be arraigned and tried, and every person who, on such arraignment and trial, is found guilty of treason shall be convicted thereof and sentenced therefor in like manner in all respects as a person found guilty of murder is required by law to be convicted and sentenced.

(4) No person shall be convicted of treason on the uncorroborated evidence of one witness.

Encouraging, harbouring, or comforting persons guilty of treason.

2.—(1) Every person who encourages, harbours, or comforts any person whom he knows or has reasonable grounds for believing to be engaged in committing treason shall be guilty of felony and on conviction thereof shall be liable to a fine not exceeding five hundred pounds or, at the discretion of the Court, to penal servitude for a term not exceeding twenty years or imprisonment for a term not exceeding two years or to both such fine and such penal servitude or imprisonment.

(2) No person shall be convicted of felony under this section on the uncorroborated evidence of one witness.

Misprision of treason.

3.—Every person who, knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, does not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána, or some other person lawfully engaged on duties relating to the preservation of peace and order shall be guilty of the felony of misprision of treason and shall be liable on conviction thereof to penal servitude for a term not exceeding five years or imprisonment for a term not exceeding two years.

Short title.

4.—This Act may be cited as the Treason Act, 1939.

 

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.

PART II.

Offences Against the State.

Usurpation of functions of government.

6.—(1) Every person who usurps or unlawfully exercises any function of government, whether by setting up, maintaining, or taking part in any way in a body of persons purporting to be a government or a legislature but not authorised in that behalf by or under the Constitution, or by setting up, maintaining, or taking part in any way in a purported court or other tribunal not lawfully established, or by forming, maintaining, or being a member of an armed force or a purported police force not so authorised, or by any other action or conduct whatsoever, shall be guilty of felony and shall be liable on conviction thereof to suffer penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years.

(2) Every person who shall attempt to do any thing the doing of which is a felony under the foregoing sub-section of this section or who aids or abets or conspires with another person to do or attempt to do any such thing or advocates or encourages the doing of any such thing shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

Obstruction of government.

7.—(1) Every person who prevents or obstructs, or attempts or is concerned in an attempt to prevent or obstruct, by force of arms or other violent means or by any form of intimidation the carrying on of the government of the State or any branch (whether legislative, judicial, or executive) of the government of the State or the exercise or performance by any member of the legislature, the judiciary, or the executive or by any officer or employee (whether civil (including police) or military) of the State of any of his functions, powers, or duties shall be guilty of felony and shall be liable on conviction thereof to suffer penal servitude for a term not exceeding seven years or to imprisonment for a term not exceeding two years.

(2) Every person who aids or abets or conspires with another person to do any thing the doing of which is a felony under the foregoing sub-section of this section or advocates or encourages the doing of any such thing shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

Obstruction of the President.

8.—(1) Every person who prevents or obstructs, or attempts or is concerned in an attempt to prevent or obstruct, by force of arms or other violent means or by any form of intimidation the exercise or performance by the President of any of his functions, powers, or duties shall be guilty of felony and shall be liable on conviction thereof to suffer penal servitude for a term not exceeding seven years or to imprisonment for a term not exceeding two years.

(2) Every person who aids or abets or conspires with another person to do any thing the doing of which is a felony under the foregoing sub-section of this section or advocates or encourages the doing of any such thing shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

Interference with military or other employees of the State.

9.—(1) Every person who shall with intent to undermine public order or the authority of the State commit any act of violence against or of interference with a member of a lawfully established military or police force (whether such member is or is not on duty) or shall take away, injure, or otherwise interfere with the arms or equipment, or any part of the arms or equipment, of any such member shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

(2) Every person who shall incite or encourage any person employed in any capacity by the State to refuse, neglect, or omit (in a manner or to an extent calculated to dislocate the public service or a branch thereof) to perform his duty or shall incite or encourage any person so employed to be negligent or insubordinate (in such manner or to such extent as aforesaid) in the performance of his duty shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

(3) Every person who attempts to do any thing the doing of which is a misdemeanour under either of the foregoing sub-sections of this section or who aids or abets or conspires with another person to do or attempt to do any such thing or advocates or encourages the doing of any such thing shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding twelve months.

Prohibition of printing, etc., certain documents.

10.—(1) It shall not be lawful to set up in type, print, publish, send through the post, distribute, sell, or offer for sale any document—

(a) which is or contains or includes an incriminating document, or

(b) which is or contains or includes a treasonable document, or

(c) which is or contains or includes a seditious document.

(2) In particular and without prejudice to the generality of the foregoing sub-section of this section, it shall not be lawful for any person to send or contribute to any newspaper or other periodical publication or for the proprietor of any newspaper or other periodical publication to publish in such newspaper or publication any letter, article, or communication which is sent or contributed or purports to be sent or contributed by or on behalf of an unlawful organisation or which is of Such nature or character that the printing of it would be a contravention of the foregoing sub-section of this section.

(3) Every person who shall contravene either of the foregoing sub-sections of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and also (in any case), if the Court so directs, to forfeit every copy in his possession of the document, newspaper, or publication in relation to which the offence was committed and also (where the act constituting the offence was the setting up in type or the printing of a document) to forfeit, if the Court so directs, so much of the printing machinery in his possession as is specified in that behalf by the Court,

(4) Every person who unlawfully has in his possession a document which was printed or published in contravention of this section or a newspaper or other periodical publication containing a letter, article, or other communication published therein in contravention of this section shall, when so requested by a member of the Gárda Síochána, deliver up to such member every copy in his possession of such document or of such newspaper or publication (as the case may be), and if he fails or refuses so to do he shall be guilty of an offence under this sub-section and shall be liable on-summary conviction thereof to imprisonment for a term not exceeding three months and also, if the Court so directs, to forfeit every copy in his possession of the document, newspaper or publication in relation to which the offence was committed.

(5) Nothing in this section shall render unlawful the setting up in type, printing, publishing, sending through the post, distributing, selling, offering for sale, or having possession of a document or a copy of a document which is published at the request or by permission of the Government or is published in the course or as part of a fair report of the proceedings in either House of the Oireachtas or in a court of justice or before any other court or tribunal lawfully exercising jurisdiction.

Foreign newspapers, etc., containing seditious or unlawful matter.

11.—(1) Whenever the Minister for Justice is of opinion, in respect of a newspaper or other periodical publication ordinarily printed outside the State, that a particular issue of such publication either is seditious or contains any matter the publication of which is a contravention of this Act, the said Minister may by order, if he considers that it is in the public interest so to do, do either or both of the following things, that is to say:—

(a) authorise members of the Gárda Síochána to seize and destroy all copies of the said issue of such publication wherever they may be found;

(b) prohibit the importation of any copy of any issue of such publication published within a specified period (not exceeding three months) after the publication of the said issue of such publication.

(2) The Minister for Justice may by order, whenever he thinks proper so to do, revoke or amend any order made by him under the foregoing sub-section of this section or any order (made by him under this sub-section) amending any such order.

(3) It shall not be lawful for any person to import any copy of an issue of a periodical publication the importation of which is prohibited by an order under this section, and all such copies shall be deemed to be included amongst the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards annexed to section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act (as amended or extended by subsequent Acts) relating to the importation of prohibited or restricted goods shall apply accordingly.

Possession of treasonable, seditious, or incriminating documents.

12.—(1) It shall not be lawful for any person to have any treasonable document, seditious document, or incriminating document in his possession or on any lands or premises owned or occupied by him or under his control.

(2) Every person who has a treasonable document, seditious document, or incriminating document in his possession or on any lands or premises owned or occupied by him or under his control shall be guilty of an offence under this sub-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.

(3) Where a person is charged with an offence under this section, it shall be a good defence to such charge for such person to prove—

(a) that he is an officer of the State and had possession or custody of the document in respect of which the offence is alleged to have been committed in the course of his duties as such officer, or

(b) that he did not know that the said document was in his possession or on any lands or premises owned or occupied by him or under his control, or

(c) that he did not know the nature or contents of the said document.

(4) Every person who has in his possession a treasonable document, seditious document, or incriminating document shall, when so requested by a member of the Gárda Síochána, deliver up to such member the said document and every copy thereof in his possession, and if he fails or refuses so to do he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding three months.

(5) Where the proprietor or the editor or other chief officer of a newspaper or other periodical publication receives a document which appears to him to be a treasonable document, a seditious document, or an incriminating document and such document is not published in such newspaper or periodical publication, the following provisions shall have effect, that is to say:—

(a) if such proprietor, editor, or chief officer is requested by a member of the Gárda Síochána to deliver up such document to such member, such proprietor, editor, or chief officer may, in lieu of so delivering up such document, destroy such document and every (if any) copy thereof in his possession in the presence and to the satisfaction of such member;

(b) if such proprietor, editor, or chief officer destroys under the next preceding paragraph of this sub-section such document and every (if any) copy thereof in his possession or of his own motion destroys such document within twenty-four hours after receiving it and without having made any copy of it or permitted any such copy to be made, such destruction shall be a good defence to any charge against such proprietor, editor, or chief officer of an offence under any sub-section of this section in respect of such document and no civil or criminal action or other proceeding shall lie against such proprietor, editor, or chief officer on account of such destruction.

Provisions in respect of documents printed for reward.

13.—(1) Every person who shall print for reward any document shall do every of the following things, that is to say:—

(a) at the time of or within twenty-four hours after printing such document, print or write on at least one copy of such document the name and address of the person for whom or on whose instructions such document was printed;

(b) retain, for six months from the date on which such document was printed, a copy of such document on which the said name and address is printed or written as aforesaid;

(c) on the request of a member of the Gárda Síochána at any time during the said period of six months, produce for the inspection of such member the said copy of such document so retained as aforesaid.

(2) Every person who shall print for reward any document and shall fail to comply in any respect with the foregoing sub-section of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty-five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding fifty pounds.

(3) This section does not apply to any newspaper, magazine or other periodical publication which is printed by the proprietor thereof on his own premises.

Obligation to print printer’s name and address on documents.

14.—(1) Every person who shall print for reward any document (other than a document to which this section does not apply) which he knows or has reason to believe is intended to fee sold or distributed (whether to the public generally or to a restricted class or number of persons) or to be publicly or privately displayed shall, if such document consists only of one page or sheet printed on one side only, print his name and the address of his place of business on the front of such document and shall, in every other case, print the said name and address on the first or the last page of such document.

(2) Every person who shall contravene by act or omission the foregoing sub-section of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding twenty-five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding fifty pounds.

(3) This section does not apply to any of the following documents, that is to say:—

(a) currency notes, bank notes, bills of exchange, promissory notes, cheques, receipts and other financial or commercial documents,

(b) writs, orders, summonses, warrants, affidavits, and other documents for the purposes of or for use in any lawful court or tribunal,

(c) any document printed by order of the Government, either House of the Oireachtas, a Minister of State, or any officer of the State in the execution of his duties as such officer,

(d) any document which the Minister for Justice shall by order declare to be a document to which this section does not apply.

Unauthorised military exercises prohibited.

15.—(1) Save as authorised by a Minister of State under this section, and subject to the exceptions hereinafter mentioned, it shall not be lawful for any assembly of persons to practise or to train or drill themselves in or be trained or drilled in the use of arms or the performance of military exercises, evolutions, or manoeuvres nor for any persons to meet together or assemble for the purpose of so practising or training or drilling or being trained or drilled.

(2) A Minister of State may at his discretion by order, subject to such limitations, qualifications and conditions as he shall think fit to impose and shall express in the order, authorise the members of any organisation to meet together and do such one or more of the following things as shall be specified in such order, that is to say, to practise or train or drill themselves in or be trained or drilled in the use of arms or the performance of military exercises, evolutions, or manoeuvres.

(3) If any person is present at or takes part in or gives instruction to or trains or drills an assembly of persons who without or otherwise than in accordance with an authorisation granted by a Minister of State under this section practise, or train or drill themselves in, or are trained or drilled in the use of arms or the performance of any military exercise, -evolution, or manoeuvre or who without or otherwise than in accordance with such authorisation have assembled or met together for the purpose of so practising, or training or drilling or being trained or drilled, such person shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding two years.

(4) This section shall not apply to any assembly of members of any military or police force lawfully maintained by the Government.

(5) In any prosecution under this section the burden of proof that any act was authorised under this section shall lie on the person prosecuted.

Secret societies in army or police.

16.—(1) Every person who shall—

(a) form, organise, promote, or maintain any secret society amongst or consisting of or including members of any military or police force lawfully maintained by the Government, or

(b) attempt to form, organise, promote, or maintain any such secret society, or

(c) take part, assist, or be concerned in any way in the formation, organisation, promotion, management, or maintenance of any such society, or

(d) induce, solicit, or assist any member of a military or police force lawfully maintained by the Government to join any secret society whatsoever,

shall be guilty of a misdemeanour and shall be liable on conviction thereof to suffer penal servitude for any term not exceeding five years or imprisonment for any term not exceeding two years.

(2) In this section the expression “secret society” means an association, society, or other body the members of which are required by the regulations thereof to take or enter into, or do in fact take or enter into, an oath, affirmation, declaration or agreement not to disclose the proceedings or some part of the proceedings of the association, society, or body.

Administering unlawful oaths.

17.—(1) Every person who shall administer or cause to be administered or take part in, be present at, or consent to the administering or taking in any form or manner of any oath, declaration, or engagement purporting or intended to bind the person taking the same to do all or any of the following things, that is to say:—

(a) to commit or to plan, contrive, promote, assist, or conceal the commission of any crime or any breach of the peace, or

(b) to join or become a member of or associated with any organisation having for its object or one of its objects the commission of any crime, or breach of the peace, or

(c) to abstain from disclosing or giving information of the existence or formation or proposed or intended formation of any such organisation, association, or other body as aforesaid or from informing or giving evidence against any member of or person concerned in the formation of any such organisation, association, or other body, or

(d) to abstain from disclosing or giving information of the commission or intended or proposed commission of any crime, breach of the peace, or from informing or giving evidence against the person who committed such an act,

shall be guilty of a misdemeanour and shall be liable on conviction thereof to suffer imprisonment for any term not exceeding two years,

(2) Every person who shall take any such oath, declaration, or engagement as is mentioned in the foregoing sub-section shall be guilty of a misdemeanour and be liable on conviction thereof to suffer imprisonment for any term not exceeding two years unless he shall show—

(a) that he was compelled by force or duress to take such oath, declaration, or engagement (as the case may be), and

(b) that within four days after the taking of such oath, declaration, or engagement, if not prevented by actual force or incapacitated by illness or other sufficient cause, or where so prevented or incapacitated then within four days after the cessor of the hindrance caused by such force, illness or other cause, he declared to an officer of the Gárda Síochána the fact of his having taken such oath, declaration, or engagement, and all the circumstances connected therewith and the names and descriptions of all persons concerned in the administering thereof so far as such circumstances, names, and descriptions were known to him.

PART III.

Unlawful Organisations.

Unlawful organisations.

18.—In order to regulate and control in the public interest the exercise of the constitutional right of citizens to form associations, it is hereby declared that any organisation which—

(a) engages in, promotes, encourages, or advocates the commission of treason or any activity of a treasonable nature, or

(b) advocates, encourages, or attempts the procuring by force, violence, or other unconstitutional means of an alteration of the Constitution, or

(c) raises or maintains or attempts to raise or maintain a military or armed force in contravention of the Constitution or without constitutional authority, or

(d) engages in, promotes, encourages, or advocates the commission of any criminal offence or the obstruction of or interference with the administration of justice or the enforcement of the law, or

(e) engages in, promotes, encourages, or advocates the attainment of any particular object, lawful or unlawful, by violent, criminal, or other unlawful means, or

(f) promotes, encourages, or advocates the non-payment of moneys payable to the Central Fund or any other public fund or the non-payment of local taxation,

shall be an unlawful organisation within the meaning and for the purposes of this Act, and this Act shall apply and have effect in relation to such organisation accordingly.

Suppression orders.

19.—(1) If and whenever the Government are of opinion that any particular organisation is an unlawful organisation, it shall be lawful for the Government by order (in this Act referred to as a suppression order) to declare that such organisation is an unlawful organisation and ought, in the public interest, to be suppressed.

(2) The Government may by order, whenever they so think proper, amend or revoke a suppression order.

(3) Every suppression order shall be published in the Iris Oifigiúil as soon as conveniently may be after the making thereof.

(4) A suppression order shall be conclusive evidence for all purposes other than an application for a declaration of legality that the organisation to which it relates is an unlawful organisation within the meaning of this Act.

Declarations of legality.

20.—(1) Any person (in this section referred to as the applicant) who claims to be a member of an organisation in respect of which a suppression order has been made may, at any time within thirty days after the publication of such order in the Iris Oifigiúil, apply to the High Court in a summary manner on notice to the Attorney-General for a declaration (in this Act referred to as a declaration of legality) that such organisation is not an unlawful organisation.

(2) Where, on an application under the foregoing sub-section of this section, the High Court, after hearing such evidence as may be adduced by the applicant or by the Attorney-General, is satisfied that the organisation to which such application relates is not an unlawful organisation, it shall be lawful for the High Court to make a declaration of legality in respect of such organisation.

(3) The High Court shall not make a declaration of legality unless the applicant for such declaration either—

(a) gives evidence in support of the application and submits himself to cross-examination by counsel for the Attorney-General, or

(b) satisfies the High Court that he is unable by reason of illness or other sufficient cause to give such evidence and adduces in support of the application the evidence of at least one person who submits himself to cross-examination by counsel for the Attorney-General.

(4) Whenever, on an application under this section, the High Court, or the Supreme Court on appeal from the High Court, makes a declaration of legality in respect of an organisation, the suppression order relating to such organisation shall forthwith become null and void, but without prejudice to the validity of anything previously done thereunder.

(5) Where the High Court makes a declaration of legality, it shall be lawful for that court, on the application of the Attorney-General, to suspend the operation of the next preceding sub-section of this section in respect of such declaration until the final determination of an appeal by the Attorney-General to the Supreme Court against such declaration, and if the High Court so suspends the said sub-section, the said sub-section shall only come into operation in respect of such declaration if and when the Supreme Court affirms the order of the High Court making such· declaration.

(6) Whenever an application for a declaration of legality is made under this section and is refused by the High Court, or by the Supreme Court on appeal from the High Court, it shall not be lawful, in any prosecution of the applicant for the offence of being a member of the organisation to which such application relates, to give in evidence against the applicant any of the following matters, that is to say:—

(a) the fact that he made the said application, or

(b) any admission made by him or on his behalf for the purposes of or during the hearing of the said application, or

(c) any statement made in the oral evidence given by him or on his behalf (whether on examination in chief, cross-examination, or re-examination) at the hearing of the said application, or

(d) any affidavit made by him or on his behalf for the purposes of the said application.

Prohibition of membership of an unlawful organisation.

21.—(1) It shall not be lawful for any person to be a member of an unlawful organisation.

(2) Every person who is a member of an unlawful organisation in contravention of this section shall be guilty of an offence under this section and shall—

(a) on summary conviction thereof, be liable 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, or

(b) on conviction thereof on indictment, be liable to imprisonment for a term not exceeding two years.

(3) It shall be a good defence for a person charged with the offence under this section of being a member of an unlawful organisation, to show—

(a) that he did not know that such organisation was an unlawful organisation, or

(b) that, as soon as reasonably possible after he became aware of the real nature of such organisation or after the making of a suppression order in relation to such organisation, he ceased to be a member thereof and dissociated himself therefrom.

(4) Where an application has been made to the High Court for a declaration of legality in respect of an organisation no person who is, before the final determination of such application, charged with an offence under this section in relation to that organisation shall be brought to trial on such charge before such final determination, but a postponement of the said trial in pursuance of this sub-section shall not prevent the detention of such person in custody during the period of such postponement.

Provisions consequent upon the making of a suppression order.

22.—Immediately upon the making of a suppression order, the following provisions shall have effect in respect of the organisation to which such order relates, that is to say:—

(a) all the property (whether real, chattel real, or personal and whether in possession or in action) of such organisation shall become and be forfeited to and vested in the Minister for Justice;

(b) the said Minister shall take possession of all lands and premises which become forfeited to him under this section and the said Minister may cause all such things to be done by members of the Gárda Síochána as appear to him to be necessary or expedient for the purpose of such taking possession;

(c) subject to the subsequent provisions of this section, it shall be lawful for the said Minister to sell or let, on such terms as he shall, with the sanction of the Minister for Finance, think proper, any lands or premises which become forfeited to him under this section or to use any such lands or premises for such government purposes as he shall, with the sanction aforesaid, think proper;

(d) the Minister for Justice shall take possession of, recover, and get in all personal property which becomes forfeited to him under this section and may take such legal proceedings and other steps as shall appear to him to be necessary or expedient for that purpose;

(e) subject to the subsequent provisions of this section, it shall be lawful for the said Minister to sell or otherwise realise, in such manner and upon such terms as he shall, with the sanction of the Minister for Finance, think proper, all personal property which becomes forfeited to him under this section;

(f) the Minister for Justice shall pay into or dispose of for the benefit of the Exchequer, in accordance with the directions of the Minister for Finance, all money which becomes forfeited to him under this section and the net proceeds of every sale, letting, realisation, or other disposal of any other property which becomes so forfeited;

(g) no property which becomes forfeited to the Minister for Justice under this section shall be sold, let, realised, or otherwise disposed of by him until the happening of whichever of the following events is applicable, that is to say:—

(i) if no application is made under this Act for a declaration of legality in respect of the said organisation within the time limited by this Act for the making of such application, the expiration of the time so limited,

(ii) if any such application is so made, the final determination of such application.

Provisions consequent upon the making of a declaration of legality.

23.—(1) Whenever a declaration of legality is made, the following provisions shall have effect, that is to say:—

(a) every person who is detained in custody charged with the offence of being a member of the organisation to which such declaration of legality relates shall forthwith be released from such custody;

(b) all the property of the said organisation which became forfeited to the Minister for Justice by virtue of this Act on the making of the suppression order in respect of the said organisation shall become and be the property of the said organisation and shall be delivered to the said organisation by the said Minister on demand.

(2) Where the High Court makes a declaration of legality, it shall be lawful for that court, on the application of the Attorney-General, to suspend the operation of the foregoing sub-section of this section in respect of such declaration until the final determination of an appeal by the Attorney-General to the Supreme Court against such declaration, and if the High Court so suspends the said sub-section, the said sub-section shall only come into operation in respect of such declaration if and when the Supreme Court affirms the order of the High Court making such declaration.

Proof of membership of an unlawful organisation by possession of incriminating document.

24.—On the trial of a person charged with the offence of being a member of an unlawful organisation, proof to the satisfaction of the court that an incriminating document relating to the said organisation was found on such person or in his possession or on lands or in premises owned or occupied by him or under his control shall, without more, be evidence until the contrary is proved that such person was a member of the said organisation at the time alleged in the said charge.

Closing of buildings.

25.—(1) Whenever an officer of the Gárda Síochána not below the rank of chief superintendent is satisfied that a building is being used or has been used in any way for the purposes, direct or indirect, of an unlawful organisation, such officer may make an order (in this section referred to as a closing order) that such building be closed for the period of three months from the date of such order.

(2) Whenever a closing order has been made an officer of the Gárda Síochána not below the rank of chief superintendent may—

(a) extend the operation of such closing order for a further period not exceeding three months from the expiration of the period mentioned in such closing order;

(b) terminate the operation of such closing order.

(3) Whenever a closing order has been made or has been extended, any person having an estate or interest in the building to which such closing order relates may apply to the High Court, in a summary manner on notice to the Attorney-General, for such order as is hereinafter mentioned, and on such application the High Court, if it is satisfied that, having regard to all the circumstances of the case, the making or the extension (as the case may be) of such closing order was not reasonable, may make an order quashing such closing order or the said extension thereof, as the case may be.

(4) Whenever and so long as a closing order is in operation, the following provisions shall have effect, that is to say:—

(a) it shall not be lawful for any person to use or occupy the building to which such closing order relates or any part of such building;

(b) any member of the Gárda Síochána not below the rank of inspector may take all such steps as he shall consider necessary or expedient to prevent such building or any part thereof being used or occupied in contravention of this sub-section;

(c) every person who uses or occupies such building or any part of such building in contravention of this sub-section 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.

(5) In this section the word “building” includes a part of a building and also all outhouses, yards, and gardens within the curtilage of the building.

PART IV.

Miscellaneous.

Evidence of publication of treasonable, seditious or incriminating document.

26.—Where in any criminal proceedings the question whether a particular treasonable document, seditious document, or incriminating document was or was not published by the accused (whether by himself or in concert with other persons or by arrangement between himself and other persons) is in issue and an officer of the Gárda Síochána not below the rank of chief superintendent states on oath that he believes that such document was published (as the case may be) by the accused or by the accused in concert with other persons or by arrangement between the accused and other persons, such statement shall be evidence (until the accused denies on oath that he published such document either himself or in concert or by arrangement as aforesaid) that the accused published such document as alleged in the said statement on oath of such officer.

Prohibition of certain public meetings.

27.—(1) It shall not be lawful to hold a public meeting which is held or purports to be held by or on behalf of or by arrangement or in concert with an unlawful organisation or which is held or purports to be held for the purpose of supporting, aiding, abetting, or encouraging an unlawful organisation or of advocating the support of an unlawful organisation.

(2) Whenever an officer of the Gárda Síochána not below the rank of chief superintendent is of opinion that the holding of a particular public meeting about to be or proposed to be held would be a contravention of the next preceding sub-section of this section, it shall be lawful for such officer by notice given to a person concerned in the holding or organisation of such meeting or published in a manner reasonably calculated to come to the knowledge of the persons so concerned, to prohibit the holding of such meeting, and thereupon the holding of such meeting shall become and be unlawful.

(3) Whenever an officer of the Gárda Síochána gives any such notice as is mentioned in the next preceding sub-section of this section, any person claiming to be aggrieved by such notice may apply to the High Court in a summary manner on notice to the Attorney-General for such order as is hereinafter mentioned and, upon the hearing of such application, the High Court if it so thinks proper, may make an order annulling such notice.

(4) Every person who organises or holds or attempts to organise or hold a public meeting the holding of which is a contravention of this section or who takes part or is concerned in the organising or the holding of any such meeting 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.

(5) In this section the expression “public meeting” includes a procession and also includes (in addition to a meeting held in a public place or on unenclosed land) a meeting held in a building or on enclosed land to which the public are admitted, whether with or without payment.

Prohibition of meetings in the vicinity of the Oireachtas.

28.—(1) It shall not be lawful for any public meeting to be held in, or any procession to pass along or through, any public street or unenclosed place which or any part of which is situate within one-half of a mile from any building in which both Houses or either House of the Oireachtas are or is sitting or about to sit if either—

(a) an officer of the Gárda Síochána not below the rank of chief superintendent has, by notice given to a person concerned in the holding or organisation of such meeting or procession or published in a manner reasonably calculated to come to the knowledge of the persons so concerned, prohibited the holding of such meeting in or the passing of such procession along or through any such public street or unenclosed place as aforesaid, or

(b) a member of the Gárda Síochána calls on the persons taking part in such meeting or procession to disperse.

(2) Every person who—

(a) shall organise, hold, or take part in or attempt to organise, hold, or take part in a public meeting or a procession in any such public street or unenclosed place as is mentioned in the foregoing sub-section of this section after such meeting or procession has been prohibited by a notice under paragraph (a) of the said sub-section,

(b) shall hold or take part in or attempt to-hold or take part in a public meeting or a procession in any such public street or unenclosed place as aforesaid after a member of the Gárda Síochána has, under paragraph (b) of the said sub-section, called upon the persons taking part in such meeting or procession to disperse, or

(c) shall remain in or enter into any such public street or unenclosed space after being called upon to disperse as aforesaid,

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.

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;

(c) photograph such person or cause him to be photographed;

(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, 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

(c) informs the person of his belief as aforesaid,

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.

(c) an offence arising out of the same set of facts as an offence referred to in paragraph (a) or (b),

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—

(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 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

(c) the addition of the following at the end of subsection (4C):

‘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.

S.I. No. 162/1939 –

 

Unlawful Organisation (Suppression) Order, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 162.

UNLAWFUL ORGANISATION (SUPPRESSION) ORDER, 1939.

WHEREAS it is enacted by Section 18 of the Offences against the State Act, 1939 (No. 13 of 1939), that an organisation which does any of certain things enumerated in that section shall be an unlawful organisation within the meaning and for the purposes of that Act :

AND WHEREAS it is enacted by sub-section (1) of Section 19 of the said Act that, if and whenever the Government are of opinion that any particular organisation is an unlawful organisation, it shall be lawful for the Government by order to declare that such organisation is an unlawful organisation and ought, in the public interest, to be suppressed :

AND WHEREAS the Government are of opinion that the organisation styling itself the Irish Republican Army (also the I.R.A. and Oglaigh na hÉireann) is an unlawful organisation :

NOW, the Government, in exercise of the power conferred on them by sub-section (1) of Section 19 of the Offences against the State Act, 1939 (No. 13 of 1939), and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may be cited as the Unlawful Organisation (Suppression) Order, 1939.

2. It is hereby declared that the organisation styling itself the Irish Republican Army (also the I.R.A. and Oglaigh na héireann) is an unlawful organisation and ought, in the public interest, to be suppressed.

Dublin.

This 23rd day of June, 1939.

S.I. No. 339/1939 –

Offences Against The State (Scheduled Offences) Order, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 339.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) ORDER, 1939.

WHEREAS it is enacted by sub-section (1) of section 36 of the Offences Against the State Act, 1939 (No. 13 of 1939), that whenever while Part V of the said Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences under any particular enactment, the Government may by order declare that offences under that particular enactment shall be scheduled offences for the purposes of the said Part of the said Act :

AND WHEREAS Part V of the Offences Against the State Act, 1939 , is in force :

AND WHEREAS the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences under the said Offences Against the State Act, 1939 :

NOW, the Government, in exercise of the powers conferred on them by section 36 of the Offences Against the State Act, 1939 (No. 13 of 1939), and of every and any other power them in this behalf enabling hereby order as follows :—

1. This Order may be cited as the Offences Against the State (Scheduled Offences) Order, 1939.

2. It is hereby declared that offences under the Offences Against the State Act, 1939 (No. 13 of 1939), shall be scheduled offences for the purposes of Part V of that Act.

DUBLIN.

This 17th day of November, 1939.

S.I. No. 343/1939 – Offences Against The State (Scheduled Offences) (No. 2) Order, 1939.
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STATUTORY RULES AND ORDERS. 1939. No. 343.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) (No. 2) ORDER, 1939.

WHEREAS it is enacted by subsection (1) of section 36 of the Offences Against the State Act, 1939 (No. 13 of 1939), that whenever while Part V of the said Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment, the Government may by order declare that offences of that particular class or kind or under that particular enactment shall be scheduled offences for the purposes of the said Part of the said Act :

AND WHEREAS Part V of the Offences Against the State Act, 1939 , is in force :

AND WHEREAS the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the offences specified in the Appendix hereto :

NOW, the Government, in exercise of the powers conferred on them by section 36 or the Offences Against the State Act, 1939 (No. 13 of 1939), and of every and any other power them in this behalf enabling, hereby order as follows :—

1. This Order may be cited as the Offences Against the State (Scheduled Offences) (No. 2) Order, 1939.

2. It is hereby declared that the offences specified in the Appendix hereto shall be scheduled offences for the purposes of Part V of the Offences Against the State Act, 1939 (No. 13 of 1939).

APPENDIX.

1. Unlawful assembly.

2. Any offence against the Malicious Damage Act, 1861.

3. An offence under section 7 of the Conspiracy and Protection of Property Act, 1875.

4. An offence under section 5 of the Emergency Powers Act, 1939 (No. 28 of 1939).

DUBLIN.

This 24th day of November, 1939.

S.I. No. 334/1940 – Offences Against The State (Scheduled Offences) (No 3) Order, 1940.
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STATUTORY RULES AND ORDERS. 1940. No. 334.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) (No 3) ORDER, 1940.

WHEREAS it is enacted by subsection (1) of section 36 of the Offences Against the State Act, 1939 (No. 13 of 1939), that whenever while Part V of the said Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of Justice and the preservation of public peace and order in relation to offences under any particular enactment, the Government may by order declare that offences under that particular enactment shall be scheduled offences for the purposes of the said part of the said Act :

AND WHEREAS Part V of the Offences against the State Act, 1939 , is in force :

AND WHEREAS the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences under the Firearms Act, 1925 (No. 17 of 1925) :

NOW, the Government, in exercise of the powers conferred on them by section 36 of the Offences against the State Act, 1939 (No. 13 of 1939), and of every and any other power them in this behalf enabling hereby order as follows :—

1. This Order may be cited as the Offences against the State (Scheduled Offences) (No. 3) Order, 1940.

2. It is hereby declared that offences under the Firearms Act, 1925 (No. 17 of 1925), shall be scheduled offences for the purposes of Part V of the Offences against the State Act, 1939 (No. 13 of 1939).

GIVEN under the Official Seal of the Government this 26th day of November, 1940.

EAMON DE VALERA,

Taoiseach.
S.I. No. 192/1948 – Offences Against The State (Scheduled Offences) (Cessation) Order, 1948.
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S.I. No. 192 of 1948.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) (CESSATION) ORDER, 1948.

The Government, in exercise of the powers conferred on them by sub-section (3) of section 36 of the Offences Against the State Act, 1939 (No. 13 of 1939), hereby order as follows :—

1. This Order may be cited as the Offences Against the State (Scheduled Offences) (Cessation) Order, 1948.

2. It is hereby declared that the offences which are for the time being scheduled offences for the purposes of Part V of the Offences Against the State Act, 1939 (No. 13 of 1939), by virtue of the orders specified in the Appendix hereto shall, upon the making of this Order, cease to be scheduled offences for the purposes of the said Part V.

APPENDIX.

Offences Against the State (Scheduled Offences) (No. 4) Order, 1947 ( S. R. & O. No. 205 of 1947 ).

Offences Against the State (Scheduled Offences) (No. 5) Order, 1947 ( S. R. & O. No. 212 of 1947 ).

Offences Against the State (Scheduled Offences) (No. 6) Order, 1947 ( S. R. & O. No. 282 of 1947 ).

Offences Against the State (Scheduled Offences) (No. 7) Order, 1947 ( S. R. & O. No. 326 of 1947 ).

GIVEN under the Official Seal of the Government, this 28th day of May, 1948.

(Signed) JOHN A. COSTELLO,

Taoiseach.

S.I. No. 142/1972 – Offences Against The State (Scheduled Offences) Order, 1972.
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S.I. No. 142 of 1972.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) ORDER, 1972.

WHEREAS it is enacted by section 36 (1) of the Offences against the State Act, 1939 (No. 13 of 1939), that whenever while Part V of the said Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment, the Government may by order declare that offences of that particular class or kind or under that particular enactment shall be scheduled offences for the purposes of the said Part of the said Act :

AND WHEREAS Part V of the Offences against the State Act, 1939 , is in force :

AND WHEREAS the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the offences specified in the Appendix hereto :

NOW, the Government, in exercise of the powers conferred on them by section 36 of the Offences against the State Act, 1939 (No. 13 of 1939), hereby order as follows :

1. This Order may be cited as the Offences against the State (Scheduled Offences) Order, 1972.

2. It is hereby declared that the offences specified in the Appendix hereto shall be scheduled offences for the purposes of Part V of the Offences against the State Act, 1939 (No. 13 of 1939).

APPENDIX

1. Offences under the Malicious Damage Act, 1861.

2. Offences under the Explosive Substances Act, 1883.

3. Offences under the Firearms Acts, 1925 to 1971.

4. Offences under the Offences against the State Act, 1939 .

GIVEN under the Official Seal of the Government, this 30th day of May, 1972.

SEÁN Ó LOINSIGH

Taoiseach.

S.I. No. 282/1972 – Offences Against The State (Scheduled Offences) (No. 2) Order, 1972.
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S.I. No. 282 of 1972.

OFFENCES AGAINST THE STATE (SCHEDULED OFFENCES) (No. 2) ORDER, 1972.

WHEREAS it is enacted by section 36 (1) of the Offences against the State Act, 1939 (No. 13 of 1939), that whenever while Part V of the said Act is in force the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment, the Government may by order declare that offences of that particular class or kind or under that particular enactment shall be scheduled offences for the purposes of the said Part of the said Act :

AND WHEREAS Part V of the Offences against the State Act, 1939 , is in force :

AND WHEREAS the Government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the offences specified in the Appendix hereto :

NOW, the Government, in exercise of the powers conferred on them by section 36 of the Offences against the State Act, 1939 (No. 13 of 1939), hereby order as follows :

1. This Order may be cited as the Offences against the State (Scheduled Offences) (No. 2) Order, 1972.

2. It is hereby declared that the offences specified in the Appendix hereto shall be scheduled offences for the purposes of Part V of the Offences against the State Act, 1939 (No. 13 of 1939).

APPENDIX.

Offences under section 7 of the Conspiracy and Protection of Property Act, 1875.

GIVEN under the Official Seal of the Government, this 17th day

of November, 1972.

SEÁN Ó LOINSIGH.

Taoiseach.

S.I. No. 7/1983 – Unlawful Organisation (Suppression) Order, 1983.
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S.I. No. 7 of 1983.

UNLAWFUL ORGANISATION (SUPPRESSION) ORDER, 1983.

WHEREAS it is enacted by section 18 of the Offences against the State Act, 1939 (No. 13 of 1939), that an organisation which does any of certain things enumerated in that section shall be an unlawful organisation within the meaning and for the purposes of that Act:

AND WHEREAS it is enacted by section 19 (1) of the said Act that, if and whenever the Government are of opinion that any particular organisation is an unlawful organisation, it shall be lawful for the Government by order to declare that such organisation is an unlawful organisation and ought, in the public interest, to be suppressed:

AND WHEREAS the Government are of opinion that the organisation styling itself the Irish National Liberation Army (also the I.N.L.A.) is an unlawful organisation:

NOW, the Government, in exercise of the power conferred on them by section 19 (1) of the Offences Against the State Act, 1939 , hereby order as follows:—

1. This Order may be cited as the Unlawful Organisation (Suppression) Order, 1983.

2. It is hereby declared that the organisation styling itself the Irish National Liberation Army (also the I.N.L.A.) is an unlawful organisation and ought, in the public interest, to be suppressed.

GIVEN under the Official Seal of the Government, this 5th day of January, 1983.

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order declares that the organisation styling itself the Irish National Liberation Army (also the I.N.L.A.) is an unlawful organisation.

CRIMINAL JUSTICE ACT 2006

Amendment of Offences Against the State Act 1939.

187.— The Offences Against the State Act 1939 is amended—

(a) in section 30, by the insertion of the following subsection after subsection (4C):

“(4D) If—

(a) an application is made under subsection (4) of this section for a warrant authorising the detention for a further period of a person detained pursuant to a direction under subsection (3) of this section, and

(b) the period of detention under subsection (3) of this section has not expired at the commencement of the hearing of the application but would, but for this subsection, expire during that hearing,

it shall be deemed not to expire until the determination of the application.”,

and

(b) in section 30A—

(i) in subsection (2)(b), by the substitution of “subsections (4), (4A), (4B) and (4D)” for “subsections (4), (4A) and (4B)”, and

(ii) in subsection (3), by the substitution of “for the purpose of charging him or her with that offence forthwith or bringing him or her before a Special Criminal Court as soon as practicable so that he or she may be charged with that offence before that Court” for “for the purpose of charging him with that offence forthwith”.