Offences Against the State Act 1939

Number 13 of 1939

OFFENCES AGAINST THE STATE ACT 1939

REVISED

Updated to 1 October 2025

This Revised Act is an administrative consolidation of the Offences Against the State Act 1939. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Housing Finance Agency (Amendment) Act 2025 (11/2025), enacted 28 October 2025, and all statutory instruments up to and including the Maritime Area Planning Act 2021 (Fit and Proper Person) Order 2025 (S.I. No. 467 of 2025), made 1 October 2025, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 13 of 1939

OFFENCES AGAINST THE STATE ACT 1939

REVISED

Updated to 1 October 2025

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section
1.	Short title.
2.	Definitions.
3.	Exercise of powers by superintendents of the Gárda Síochána.
4.	Expenses.
5.	Repeals.

PART II.

Offenses Against the State.

6.	Usurpation of functions of government.
7.	Obstruction of government.
8.	Obstruction of the President.
9.	Interference with military or other employees of the State.
10.	Prohibition of printing, etc., certain documents.
11.	Foreign newspapers, etc., containing seditious or unlawful matter.
12.	Possession of treasonable, seditious, or incriminating documents.
13.	Provisions in respect of documents printed for reward.
14.	Obligation to print printer's name and address on documents.
15.	Unauthorised military exercises prohibited.
16.	Secret societies in army or police.
17.	Administering unlawful oaths.

PART III.

Unlawful Organisation.

18.	Unlawful organisations.
19.	Suppression orders.
20.	Declaration of legality.
21.	Prohibition of membership of an unlawful organisation.
21A.	Offence of providing assistance to an unlawful organisation.
22.	Provisions consequent upon the making of a suppression order.
22A.	Definitions for, and operation of, sections 22B to 22I.
22B.	Interim order respecting specified property.
22C.	Disposal order respecting specified property.
22D.	Ancillary orders and provision in relation to certain profits or gains, etc.
22E.	Evidence.
22F.	Seizure of certain property.
22G.	Compensation.
22H.	Application of certain provisions of Act of 1996.
22I.	Immunity from proceedings.
23.	Provisions consequent upon the making of a declaration of legality.
24.	Proof of membership of an unlawful organisation by possession of incriminating document.
25.	Closing of buildings.

PART IV.

Miscellaneous.

26.	Evidence of publication of treasonable, seditious or incriminating document.
27.	Prohibition of certain public meetings.
28.	Prohibition of meetings in the vicinity of the Oireachtas.
29.	Search warrants in relation to the commission of offences under this Act or to treason.
30.	Arrest and detention of suspected persons.
30A.	Rearrest under section 30 of Act of 1939.
31.	Offences by bodies corporate.
32.	Re-capture of escaped prisoners.
33.	Remission, etc., in respect of convictions by a Special Criminal Court.
34.	Forfeiture and disqualifications on certain convictions by a Special Criminal Court.

PART V.

Special Criminal Courts.

35.	Commencement and cesser of this Part of this Act.
36.	Schedule offences.
37.	Attempting, etc., to commit a scheduled offence.
38.	Establishment of Special Criminal Courts.
39.	Constitution of Special Criminal Courts.
40.	Verdicts of Special Criminal Courts.
41.	Procedure of Special Criminal Courts.
42.	Authentication of orders of Special Criminal Courts.
43.	Jurisdiction of Special Criminal Courts.
44.	Appeal to Court of Criminal Appeal.
45.	Proceedings in the District Court in relation to scheduled offences.
46.	Proceedings in the District Court in relation to non-scheduled offences.
47.	Charge before Special Criminal Court in lieu of District Court.
48.	Transfer of trials from ordinary Courts to a Special Criminal Court.
49.	Selection of the Special Criminal Court by which a person is to be tried.
50.	Orders and sentences of Special Criminal Courts.
51.	Standing mute of malice and refusal to plead, etc.
52.	Examination of detained persons.
53.	Immunities of members, etc., of Special Criminal Courts.

PART VI.

Powers of Internment.

54.	Commencement and cesser of this Part of this Act. (Repealed)
55.	Special powers of arrest and detention. (Repealed)
56.	Powers of search, etc., of detained persons. (Repealed)
57.	Release of detained persons. (Repealed)
58.	Regulations in relation to places of detention. (Repealed)
59.	Commission for inquiring into detention. (Repealed)

Acts Referred to
Treasonable Offences Act, 1925	No. 18 of 1925
Public Safety (Emergency Powers) Act, 1926	No. 42 of 1926
Courts of Justice Act, 1924	No. 10 of 1924
Courts of Justice Act, 1928	No. 15 of 1928

Number 13 of 1939

OFFENCES AGAINST THE STATE ACT 1939

REVISED

Updated to 1 October 2025

AN ACT TO MAKE PROVISION IN RELATION TO ACTIONS AND CONDUCT CALCULATED TO UNDERMINE PUBLIC ORDER AND THE AUTHORITY OF THE STATE, AND FOR THAT PURPOSE TO PROVIDE FOR THE PUNISHMENT OF PERSONS GUILTY OF OFFENCES AGAINST THE STATE, TO REGULATE AND CONTROL IN THE PUBLIC INTEREST THE FORMATION OF ASSOCIATIONS, TO ESTABLISH SPECIAL CRIMINAL COURTS IN ACCORDANCE WITH ARTICLE 38 OF THE CONSTITUTION AND PROVIDE FOR THE CONSTITUTION, POWERS, JURISDICTION, AND PROCEDURE OF SUCH COURTS, TO REPEAL CERTAIN ENACTMENTS AND TO MAKE PROVISION GENERALLY IN RELATION TO MATTERS CONNECTED WITH THE MATTERS AFORESAID. [14th June, 1939].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Offences under Act defined as serious offences for purposes of bail (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. para. 25, S.I. No. 315 of 1998.

“serious offence“ means an offence specified in the Schedule for which a person of full capacity and not previously convicted may be punished by a term of imprisonment for a term of 5 years or by a more severe penalty.

Schedule

...

25. Any offence under the provisions of the Offences against the State Act 1939.

...

Act applied with necessary modifications and definition of “unlawful organisation“ amended (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 5.

Terrorist groups.

5.—(1) A terrorist group that engages in, promotes, encourages or advocates the commission, in or outside the State, of a terrorist activity is an unlawful organisation within the meaning and for the purposes of the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976.

(2) For the purposes of this Act, the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 apply with any necessary modifications and have effect in relation to a terrorist group referred to in subsection (1) as if that group were an organisation referred to in section 18 of the Act of 1939.

(3) Subsections (1) and (2) are not to be taken to be limited by any other provision of this Act that refers to provisions of the Offences against the State Acts 1939 to 1998 or that makes provisions of those Acts applicable in relation to offences under this Act.

(4) Subsections (1) and (2) apply whether the terrorist group is based in or outside the State.

Editorial Notes:

Records held by the Defence Forces in relation to collectively cited Offences Against the State Acts 1939-1998 excluded from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 42(c)(ii)(I), commenced on enactment.

Inferences may be drawn from failure of accused to mention particular facts in proceedings relating to scheduled offence under Act as provided (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 5, commenced on enactment.

In connection with a scheduled offence under Act, additional powers to search and stop a vehicle granted to An Garda Síochána (24.09.1976) by Criminal Law Act 1976 (32/1976), s. 8, commenced on enactment.

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Offences Against the State Act 1939