The Special Criminal Court deals with criminal cases that are not suitable for trial in the ordinary courts due to concerns about security and jury intimidation. There are no juries in the Special Criminal Court. Three judges hear the evidence presented to the court and decide together if an accused person is guilty or not guilty.
When the DPP refers a case to the Special Criminal Court, it is called ‘certifying an accused for trial in the Special Criminal Court’.
The Special Criminal Court deals with two different categories of offences. These are called “scheduled offences” and “non-scheduled offences”.
Scheduled offences are a list of offences decided by the Government and listed in legislation. The law says that these offences should be listed for trial to be heard in the Special Criminal Court, unless the DPP decides to send the case to the ordinary courts.
Offences are ‘scheduled’ if the Government:
“is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to offences of any particular class or kind or under any particular enactment”
– Section 36(1) Offences Against the State Act 1939
Examples of scheduled offences are:
Non-scheduled offences are occasionally also heard in the Special Criminal Court. The DPP, or a senior lawyer delegated by the DPP, may decide to refer a non-scheduled offence to the Special Criminal Court if they believe that the ordinary courts cannot deal with them adequately. Cases may be referred to the Special Criminal Court where there is a risk the jury could be intimidated.
Examples of some non-scheduled offences that have been sent to the Special Criminal Court are:
Under the Offences Against the State Act 1939 (the Act), the Director of Public Prosecutions (DPP) can send a case to the Special Criminal Court for trial.
The Act describes different aspects of sending or deciding to send cases to this Court.
This section says that anyone charged with a scheduled offence under the Act should be tried in the Special Criminal Court, unless the DPP directs otherwise.
This section allows the DPP to send non-scheduled offences forward for trial to the Special Criminal Court if the DPP believes that the ordinary courts are:
“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”.
This section allows the DPP to direct that a person is brought before the Special Criminal Court and charged with an offence before it (instead of the person being charged before a District Court).
When An Garda Síochána (the Gardaí) investigate a crime, they send a file giving details of the crime and the investigation to the DPP. The Gardaí can recommend in the file that the offence be tried in the Special Criminal Court. If they do, they must include a detailed written report stating why they are doing so.
The Gardaí outline their operational knowledge and information about:
When the Office of the Director of Public Prosecutions (DPP) receives recommendations from the Gardaí to prosecute in the Special Criminal Court, a small number of senior lawyers in the Office of the DPP review them. This includes cases involving both scheduled and non-scheduled offences.
If necessary, the Office of the DPP will contact the Gardaí if they need more information or clarification of any details.
Each individual case is examined and assessed on its facts and specific circumstances in line with the law as set out in the Offences Against the State Act 1939. This means that the DPP must decide if the ordinary courts are adequate to secure the effective administration of justice and for the preservation of public peace and order. The DPP, or a senior lawyer delegated by the DPP, decides whether or not a case is sent forward to the Special Criminal Court.
Most scheduled offences are sent forward for trial in the ordinary courts.
For more detail on the number of cases tried before the Special Criminal Court, please refer to our Annual Reports.