Sloan v The Special Criminal Court

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1993
• Docket Number: [1989 No. 149 J.R.]
• Date: 01 January 1993

(H.C.)

Sloan

and

Special Criminal Court

Interference -Separation of powers - Statute providing that Government decision as to unlawfulness of organisation to be "conclusive evidence" of such unlawfulness - Whether impermissible interference by legislature in judicial domain -Offences Against the State Act, 1939 (No. 13), s.19 (4). Trial of offences - Whether person accused of indictable offence having constitutional right to preliminary examination in District Court. Criminal law - Procedure - Preliminary investigation of indictable offence by District Court - Legislation providing for accused person to be charged before Special Criminal Court in certain circumstances -Whether repeal of such provisions to be implied from provisions of subsequent legislation -Offences Against the State Act, 1939 (No. 13), s.30, sub-s. 4 and s. 47 - Criminal Law (Jurisdiction) Act, 1976 (No. 14), ss. 14 and 20.

Section 18 of the Offences Against the State Act, 1939, declares any organisation which meets certain criteria therein set out to be an unlawful organisation. Section 19 of the Act of 1939 empowers the Government to issue a "suppression order" in respect of any organisation which it is of opinion is an unlawful organisation. Section 20 of the Act of 1939 provides that any person claiming to be a member of an organisation the subject of a suppression order may apply to the High Court for a declaration that the organisation is not an unlawful one. By virtue of s. 19, sub-s. 4 of the Act of 1939, a suppression order "shall...