Offences Against the State Act 1939

Provisions consequent upon the making of a declaration of legality.

23

23.—(1) Whenever a declaration of legality is made, the following provisions shall have effect, that is to say:—

(a) every person who is detained in custody charged with the offence of being a member of the organisation to which such declaration of legality relates shall forthwith be released from such custody;

(b) all the property of the said organisation which became forfeited to the Minister for Justice by virtue of this Act on the making of the suppression order in respect of the said organisation shall become and be the property of the said organisation and shall be delivered to the said organisation by the said Minister on demand.

(2) Where the High Court makes a declaration of legality, it shall be lawful for that court, on the application of the Attorney-General, to suspend the operation of the foregoing sub-section of this section in respect of such declaration until the final determination of an appeal by the Attorney-General to the Supreme Court against such declaration, and if the High Court so suspends the said sub-section, the said sub-section shall only come into operation in respect of such declaration if and when the Supreme Court affirms the order of the High Court making such declaration.

Annotations

Modifications (not altering text):

C12

References to “property of unlawful organisation“ construed (19.02.1985) by Offences Against the State (Amendment) Act 1985 (3/1985), s. 8, commenced on enactment.

8.—(1) For the removal of doubt, it is hereby declared that section 22 of the Principal Act applies and always applied to property of an unlawful organisation acquired by it at any time while a suppression order under section 19 of that Act in respect of it is or was in force as well as to the property of the organisation immediately upon the making of the suppression order.

(2) Moneys held by any person for the use or benefit of, or for use for the purposes of, an unlawful organisation in respect of which a suppression order under section 19 of the Principal Act, is in force shall be deemed, for the purposes of this Act and sections 22 and 23 of the Principal Act, to be the property of the organisation, and this Act and those sections shall apply and have effect accordingly.