Legal Basis
Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when "the ordinary courts are inadequate to secure the effective administration of justice".
The Offences against the State Act 1939 led to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:
- Malicious Damage Act, 1861
- Explosive Substances Act 1883
- Firearms Act 1925 to 1971
- Offences against the State Act 1939
A further class of offences was added by Statutory Instrument later the same year under:
- s.7 of the Conspiracy and Protection of Property Act 1875
Offenses under the Criminal Damage Act 1991 are also scheduled.
Read more about this topic: Special Criminal Court
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