Government to introduce permanent non-jury court

Justice minister Jim O'Callaghan confirmed the Government accepted in principle the recommendations of the majority report. The Government will, however, renew the existing legislation while proposals to replace the Special Criminal Court are compiled. Picture:Cillian Sherlock/PA

The Government is to repeal the Offences Against the State Act and introduce a permanent non-jury court, justice minister Jim O’Callaghan has confirmed.

A previous review of the Special Criminal Court, and its surrounding legislation, delivered a majority and minority report with recommendations for changes to the non-jury court.

The majority report called for the replacement of the existing Special Criminal Court with a more permanent non-jury court, with tighter controls for its use.

The court itself has been in operation on an emergency footing for more than 50 years, traditionally to deal with terrorist offences. However, in more recent years, the focus has shifted to dealing with organised crime.

Under the existing laws, the court must be renewed on an annual basis through a vote in the Dáil.

Mr O’Callaghan confirmed the Government accepted in principle the recommendations of the majority report. The Government will, however, renew the existing legislation while proposals to replace the Special Criminal Court are compiled.

“The Offences Against the State Act has served the State well and fulfils a vital role in our criminal justice system,” Mr O’Callaghan said.

“However, an updated approach is now required to fit the modern security landscape. Accepting the recommendations of the majority report sets a clear direction for reform.

Given the importance of the act over many decades, proposals for reform must be thoroughly considered and approached with the utmost care. This is to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime.

However, Mr O’Callaghan said there is a continued need for a non-jury court, saying it remains “necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate”.

The minority report expressed concern about the normalisation of a non-jury court, saying they should “be used only in circumstances where there is a real and present danger of jury intimidation or tampering”.

It highlighted that the majority report outlined the non-jury court could be used for “any serious offence”, where ordinary courts were deemed inadequate was “too great a change”. It also warned this could go “well beyond” issues of terrorism and organised crime.

Mr O’Callaghan said: “It is the Government’s duty to ensure that those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it. The provisions I am seeking to renew are necessary and required to support An Garda Síochána in investigating, disrupting, and dismantling the activities of terrorists and criminal gangs.”