Offences Against the State Act 1939
Procedure of Special Criminal Courts.
41.—(1) Every Special Criminal Court shall have power, in its absolute discretion, to appoint the times and places of its sittings, and shall have control of its own procedure in all respects and, shall for that purpose make, with the concurrence of the Minister for Justice, rules regulating its practice and procedure and may in particular provide by such rules for the issuing of summonses, the procedure for bringing (in custody or on bail) persons before it for trial, the admission or exclusion of the public to or from its sittings, the enforcing of the attendance of witnesses, and the production of documents.
(2) A Special Criminal Court sitting for the purpose of the trial of a person, the making of any order, or the exercise of any other jurisdiction or function shall consist of an uneven number (not less than three) of members of such Court present at and taking part in such sitting.
(3) Subject and without prejudice to the provisions of the next preceding sub-section of this section, a Special Criminal Court may exercise any power, jurisdiction, or function notwithstanding one or more vacancies in the membership of such court.
(4) Subject to the provisions of this Act, the practice and procedure applicable to the trial of a person on indictment in the Central Criminal Court shall, so far as practicable, apply to the trial of a person by a Special Criminal Court, and the rules of evidence applicable upon such trial in the Central Criminal Court shall apply to every trial by a Special Criminal Court.
Annotations
Editorial Notes:
E24
Power pursuant to subs. (1) exercised (25.04.2016) by Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 2 Rules 2016 (S.I. No. 183 of 2016), in effect as per rule 1(1).
E25
Power pursuant to subs. (1) exercised (25.04.2016) by Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 1 Rules 2016 (S.I. No. 182 of 2016), in effect as per rule 1(1).
E26
Power pursuant to subs. (1) exercised (12.06.1972) by Special Criminal Court Rules 1972 (S.I. No. 147 of 1972), in effect as per rule 1(1).
E27
Power pursuant to subs. (1) exercised (20.10.1942) by Additional Rules of Special Criminal Court Established on the 24th Day of August 1939 (S.I. No. 441 of 1942).
E28
Power pursuant to subs. (1) exercised (28.11.1939) by Additional Rules of Special Criminal Court Established on the 24th Day of August 1939 (S.I. No. 346 of 1939).
E29
Power pursuant to subs. (1) exercised (3.10.1939) by Rules of Special Criminal Court 1939 (S.I. No. 266 of 1939).
E30
Previous affecting provision: power pursuant to subs. (1) exercised (30.11.2001) by Offences Against The State Acts 1939 To 1998 (Special Criminal Court Rules) 2001 (S.I. No. 536 of 2001); annulled (25.04.2016) by Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 1 Rules 2016 (S.I. No. 182 of 2016), rule 1(3), in effect as per rule 1(1).
E31
Previous affecting provision: power pursuant to subs. (1) exercised (3.10.1975) by Offences Against The State Acts, 1939 To 1972 Special Criminal Court Rules 1975 (S.I. No. 234 of 1975); annulled (25.04.2016) by Offences Against the State Acts 1939 to 1998 Special Criminal Court No. 1 Rules 2016 (S.I. No. 182 of 2016), rule 1(3), in effect as per rule 1(1).