Special Criminal Court
- Introduction
- How the Special Criminal Court works
- Criminal offences heard in the Special Criminal Court
Introduction
The Special Criminal Court is different from the other criminal courts dealing with serious crimes because it sits with 3 judges and no jury. Other serious crimes are dealt with by a judge and a jury.
It only deals with certain criminal cases. It hears cases about paramilitary, subversive and organised crimes, but much of its workload now involves organised crime cases.
Since 2016, there are 2 courts dealing with matters referred to the Special Criminal Court.
The Special Criminal Courts were set up under the Offences Against the State Act 1939 .
How the Special Criminal Court works
The Director of Public Prosecutions sends cases to the Special Criminal Court when she certifies that the ordinary courts are unable to ensure the effective administration of justice and unable to keep public peace and order.
A panel of serving judges from the High Court, Circuit Court and District Court are appointed to the Special Criminal Courts.
You can appeal a conviction or sentence by a Special Criminal Court to the Court of Appeal.
Criminal offences heard in the Special Criminal Court
The Special Criminal Court can deal with certain:
- Scheduled and
- Non-scheduled offences
Scheduled offences generally involve subversive crime and are automatically transferred to the Special Criminal Court. However, the Director of Public Prosecutions (DPP) can direct that a scheduled offence is tried before the ordinary criminal courts.
Non-scheduled offences are cases that are referred to the Special Criminal Court by the DPP, because they feel the ordinary courts cannot deal with them adequately.
The following are the scheduled and non-scheduled offences that can be dealt with by the Special Criminal Court:
Scheduled offences
- Offences under Part 7 of the Criminal Justice Act 2006 (excluding conspiracy)
- Offences under the Explosive Substances Act 1883
- Offences under the Firearms Acts 1925 to 2006
- Offences under the Offences against the State Acts 1939 to 1998
- Certain offences under the Malicious Damage Act 1861
- Attempting, conspiring, inciting to commit, or aiding and abetting the commission of a scheduled offence
Non-scheduled offences
Any case that is not on the list of scheduled offences above can be heard in the Special Criminal Court, if the DPP believes the ordinary courts would be unable to secure the administration of justice and to keep the public peace
You can appeal a conviction or sentence by a Special Criminal Court to the Court of Appeal.