Offences Against the State Act 1939

Scheduled offences.

36

36.(1) Whenever while this Part of this Act is in force 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, the Government may by order declare that offences of that particular class or kind or under that particular enactment shall be scheduled offences for the purposes of this Part of this Act.

(2) Whenever the Government has made under the foregoing sub-section of this section any such declaration as is authorised by that sub-section, every offence of the particular class or kind or under the particular enactment to which such declaration relates shall, until otherwise provided by an order under the next following sub-section of this section, be a scheduled offence for the purposes of this Part of this Act.

(3) Whenever the Government is satisfied that 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 which are for the time being scheduled offences for the purposes of this Part of this Act can be secured through the medium of the ordinary courts, the Government may by order declare that offences of that particular class or kindor under that particular enactment shall, upon the making of such order, cease to be scheduled offences for the purposes of this Part of this Act.

Annotations

Modifications (not altering text):

C20

Certain offences under Criminal Justice Act 2006 deemed scheduled offences (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 8(2), commenced on enactment; continued in force annually, most recently for one year to 29 June 2026 as per subs. (4) (25.06.2025) by Resolution of Dáil Éireann: Debates Volume 1069 No. 5, 25 June 2025, Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions, and (24.06.2025) by Resolution of Seanad Éireann: Debates Volume 306 No. 14, 24 June 2025, Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions.

Certain offences under Part 7 of Act of 2006 to be scheduled offences.

8.— (1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to an offence under each of the following provisions of Part 7 of the Act of 2006, namely, sections 71A, 72, 73 and 76.

(2) An offence specified in subsection (1) shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of the Act of 1939 in relation to it and subsection (3) of that section and section 37 of the Act of 1939 shall apply to such an offence accordingly.

...

C21

Certain offences deemed scheduled offences (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 14(2), commenced on enactment.

Offences under Act to be scheduled offences.

14.(1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to each offence under sections 6 to 9 and 12.

(2) Each offence under sections 6 to 9 and 12 shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of that Act in relation to it and subsection (3) of that section and section 37 of that Act shall apply to such an offence accordingly.

...

C22

Power of member of Garda Síochána in relation to suspected scheduled offence provided (3.12.1972) by Offences Against the State (Amendment) Act 1972 (26/1972), s. 2, commenced on enactment. A fine of £200 converted (1.01.1999) to €253.95. This translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 5, S.I. No. 662 of 2010.

2.—Where a member of the Garda Síochána—

(a) has reasonable grounds for believing that an offence which is for the time being a scheduled offence for the purposes of Part V of the Act of 1939 is being or was committed at any place,

(b) has reasonable grounds for believing that any person whom he finds at or near the place at the time of the commission of the offence or soon afterwards knows, or knew at that time, of its commission, and

(c) informs the person of his belief as aforesaid,

the member may demand of the person his name and address and an account of his recent movements and, if the person fails or refuses to give the information or gives information that is false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

Editorial Notes:

E13

Power pursuant to subs. (1) exercised (17.11.1972) by Offences Against The State (Scheduled Offences) (No. 2) Order 1972 (S.I. No. 282 of 1972).

E14

Power pursuant to subs. (1) exercised (30.05.1972) by Offences Against The State (Scheduled Offences) Order 1972 (S.I. No. 142 of 1972).

E15

Power pursuant to subs. (3) exercised (28.05.1948) by Offences Against The State (Scheduled Offences) (Cessation) Order 1948 (S.I. No. 192 of 1948).

E16

Power pursuant to subs. (1) exercised (26.11.1940) by Offences Against The State (Scheduled Offences) (No. 3) Order 1940 (S.I. No. 334 of 1940).

E17

Power pursuant to subs. (1) exercised (24.11.1939) by Offences Against The State (Scheduled Offences) (No. 2) Order 1939 (S.I. No. 343 of 1939).

E18

Power pursuant to subs. (1) exercised (17.11.1939) by Offences Against The State (Scheduled Offences) Order 1939 (S.I. No. 339 of 1939).

E19

Previous affecting provision: power pursuant to subs. (1) exercised (30.09.1947) by Offences Against The State (Scheduled Offences) (No. 7) Order 1947 (S.I. No. 362 of 1947); offences prescribed ceased as scheduled offences (28.05.1948) by Offences Against The State (Scheduled Offences) (Cessation) Order 1948 (S.I. No. 192 of 1948), art. 2 and appendix.

E20

Previous affecting provision: power pursuant to subs. (1) exercised (19.08.1947) by Offences Against The State (Scheduled Offences) (No. 6) Order 1947 (S.I. No. 282 of 1947); prescribed offences ceased as scheduled offences (28.05.1948) by Offences Against The State (Scheduled Offences) (Cessation) Order 1948 (S.I. No. 192 of 1948), art. 2 and appendix.

E21

Previous affecting provision: power pursuant to subs. (1) exercised (3.06.1947) by Offences Against The State (Scheduled Offences) (No. 5) Order 1947 (S.I. No. 212 of 1947); prescribed offences ceased as scheduled offences (28.05.1948) by Offences Against The State (Scheduled Offences) (Cessation) Order 1948 (S.I. No. 192 of 1948), art. 2 and appendix.

E22

Previous affecting provision: power pursuant to subs. (1) exercised (25.04.1947) by Offences Against The State (Scheduled Offences) (No. 4) Order 1947 (S.I. No. 205 of 1947); prescribed offences ceased as scheduled offences (28.05.1948) by Offences Against The State (Scheduled Offences) (Cessation) Order 1948 (S.I. No. 192 of 1948), art. 2 and appendix.