Offences against the state act, 1939

• Act Number: 13
• Enactment Date: 14 June 1939

Number 13 of 1939.
OFFENCES AGAINST THE STATE ACT, 1939.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Definitions. 3. Exercise of powers by superintendents of the Gárda Síochána. 4. Expenses. 5. Repeals.
PART II.
Offenses Against the State.
6. Usurpation of functions of government. 7. Obstruction of government. 8. Obstruction of the President. 9. Interference with military or other employees of the State. 10. Prohibition of printing, etc., certain documents. 11. Foreign newspapers, etc., containing seditious or unlawful matter. 12. Possession of treasonable, seditious, or incriminating documents. 13. Provisions in respect of documents printed for reward. 14. Obligation to print printer's name and address on documents. 15. Unauthorised military exercises prohibited. 16. Secret societies in army or police. 17. Administering unlawful oaths.
PART III.
Unlawful Organisation.
18. Unlawful organisations. 19. Suppression orders. 20. Declaration of legality. 21. Prohibition of membership of an unlawful organisation. 22. Provisions consequent upon the making of a suppression order. 23. Provisions consequent upon the making of a declaration of legality. 24. Proof of membership of an unlawful organisation by possession of incriminating document. 25. Closing of buildings.
PART IV.
Miscellaneous.
26. Evidence of publication of treasonable, seditious or incriminating document. 27. Prohibition of certain public meetings. 28. Prohibition of meetings in the vicinity of the Oireachtas. 29. Search warrants in relation to the commission of offences under this Act or to treason. 30. Arrest and detention of suspected persons. 31. Offences by bodies corporate. 32. Re-capture of escaped prisoners. 33. Remission, etc., in respect of convictions by a Special Criminal Court. 34. Forfeiture and disqualifications on certain convictions by a Special Criminal Court.
PART V.
Special Criminal Courts.
35. Commencement and cesser of this Part of this Act. 36. Schedule offences. 37. Attempting, etc., to commit a scheduled offence. 38. Establishment of Special Criminal Courts. 39. Constitution of Special Criminal Courts. 40. Verdicts of Special Criminal Courts. 41. Procedure of Special Criminal Courts. 42. Authentication of orders of Special Criminal Courts. 43. Jurisdiction of Special Criminal Courts. 44. Appeal to Court of Criminal Appeal. 45. Proceedings in the District Court in relation to scheduled offences. 46. Proceedings in the District Court in relation to non-scheduled offences. 47. Charge before Special Criminal Court in lieu of District Court. 48. Transfer of trials from ordinary Courts to a Special Criminal Court. 49. Selection of the Special Criminal Court by which a person is to be tried. 50. Orders and sentences of Special Criminal Courts. 51. Standing mute of malice and refusal to plead, etc. 52. Examination of detained persons. 53. Immunities of members, etc., of Special Criminal Courts.
PART VI.
Powers of Internment.
54. Commencement and cesser of this Part of this Act. 55. Special powers of arrest and detention. 56. Powers of search, etc., of detained persons. 57. Release of detained persons. 58. Regulations in relation to places of detention. 59. Commission for inquiring into detention.
Acts Referred to Treasonable Offences Act, 1925 No. 18 of 1925 Public Safety (Emergency Powers) Act, 1926 No. 42 of 1926 Courts of Justice Act, 1924 No. 10 of 1924 Courts of Justice Act, 1928 No. 15 of 1928
Number 13 of 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...