McElhinney v the Special Criminal Court

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Date: 01 January 1989
• Court: Special Criminal Court (Ireland)

(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...