McElhinney v the Special Criminal Court

JurisdictionIreland
CourtSpecial Criminal Court (Ireland)
Judgment Date01 January 1989
Date01 January 1989
(H.C., S.C.)
(S.C.)
McElhinney
and
Special Criminal Court

- Accused before the court on foot of a warrant for a scheduled offence when charged with a non-scheduled offence - Whether separate warrant of summons required in respect of each offence charged -Offences Against the State Acts, 1939 to 1972 -Special Criminal Court Rules, 1975 (S.I. No. 234) - Offences Against the State Act, 1939 (No. 13), ss. 43 and 47.

Section 43 of the Offences Against the State Act, 1939, provides that the function of the Special Criminal Court is "to try and to convict or acquit any person lawfully brought before that court for trial under this Act." Section 43 also invests the Special Criminal Court with ancillary powers of, inter alia, remanding in custody or on bail, persons who come before it. Section 47, sub-ss. 1, 2 and 3 of the Act of 1939 provide: "(1) Whenever it is intended to charge a person with a scheduled offence, the Attorney General may, if he so thinks proper, direct that such person shall, in lieu of being charged with such offence before a justice of the District Court, be brought before a Special Criminal Court and there charged with such offence and, upon such direction being so given, such person shall be brought before a Special Criminal Court and shall be charged before that court with such offence and shall be tried by such court on such charge. (2) Whenever it is intended to charge a person with an offence which is not a scheduled offence and the Attorney General certifies that the ordinary courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, the foregoing subsection of this section shall apply and have effect as if the offence with which such person is so intended to be charged were a scheduled offence. (3) Whenever a person is required by this section to be brought before a Special Criminal Court and charged before the court with such offence it shall be lawful for such Special Criminal Court to issue a warrant for the arrest of such person and the bringing of him before the court and, upon the issue of such warrant it, shall be lawful for such person to be arrested thereunder and brought in custody before such court." The applicant was brought before the Special Criminal Court on 19 December, 1987, when he was charged with two offences, namely, inciting to join an unlawful organisation, and membership...

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2 cases
  • Gilligan v Special Criminal Court
    • Ireland
    • Supreme Court
    • 21 December 2005
    ...ORS 1996 1 IR 321 1996 1 ILRM 133 OFFENCES AGAINST THE STATE ACT 1939 S43 MCELHINNEY v SPECIAL CRIMINAL COURT & DPP 1990 1 IR 405 1989 ILRM 411 OFFENCES AGAINST THE STATE ACT 1939 PART IV COURTS Jurisdiction Special Criminal Court - Confiscation order - Trial of offence- Whether jurisdi......
  • McElhinney v the Special Criminal Court
    • Ireland
    • Supreme Court
    • 1 January 1990
    ...to scheduled offence - Conviction valid - ~See~ Criminal Law, accused - (398/88 - Supreme Court - 15/2/89) - [1990] 1 I.R. 405 - [1989] ILRM 411 |McElhinney v. Special Criminal Court| CRIMINAL LAW Accused Attendance - Procurement - Lawful means - Special Criminal Court - Jurisdiction - Conv......

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