Next (PART I. Preliminary and General.)

13 1939

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Number 13 of 1939.


OFFENCES AGAINST THE STATE ACT, 1939.


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.

22.

Provisions consequent upon the making of a suppression order.

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.

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.

55.

Special powers of arrest and detention.

56.

Powers of search, etc., of detained persons.

57.

Release of detained persons.

58.

Regulations in relation to places of detention.

59.

Commission for inquiring into detention.


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

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Number 13 of 1939.


OFFENCES AGAINST THE STATE ACT, 1939.


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:—