Solicitor for Special Criminal Court

The Special Criminal Court (SCC) is a jury-less criminal court which tries terrorism and serious organised crime cases.​​

Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when the "ordinary courts are inadequate to secure the effective administration of justice".

The Offences against the State Act 1939 led to the establishment of the Special Criminal Court for the trial of certain offences.

​ The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:

• Malicious Damage Act, 1861
• Explosive Substances Act 1883
• Firearms Act 1925 to 1971
• Offences against the State Act 1939

​A further class of offences was added by Statutory Instrument later the same year under:

• s.7 of the Conspiracy and Protection of Property Act 1875

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Offenses under the Criminal Damage Act 1991 are also scheduled

• Criminal Justice (Terrorist Offences) Act 2005

The offences covered under the laws are known as "scheduled offences".

The Special Criminal Court also has jurisdiction in respect of certain non-scheduled offences where the Attorney-General certifies, under s.47(2) of the Offences against the State Act 1939, that in their opinion the ordinary courts (as specified in the contitution) are "inadequate to secure the effective administration of justice in relation to the trial of such person on such charge".

The Director of Public Prosecutions (DPP) exercises these powers of the Attorney-General, by delegated authority. There is no judicial over-sight in respect of deciding who shall be tried before the Special Criminal Court, and it is effectively decided at the discretion of the prosecution.

This court is composed of three judges, who are appointed by the government. the are selected from among the judges of the ordinary courts, generally speaking, these include: one judge from the High Court, one judge from the Circuit Court and one judge from the District Court. The court sits as a three-judge panel with-out a jury, and verdicts are by majority vote (two of the three). Verdicts of the Special Criminal Court can be appealed to the Court of Criminal Appeal.

Phelim O'Neill Solicitors, are one of the few solicitor's practices in Ireland who have experience of running a trial in the Special Criminal Court. If you are seeking a solicitor to run your trial, call us today on: 083 080 6056.
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