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Special Criminal Court

  • 17-01-2008 10:40am
    #1
    Closed Accounts Posts: 753 ✭✭✭


    Hello all,

    I can't remember when I heard this but I remember someone telling me that there was going to be some sort of reform in the special criminal court. Been looking for stuff on this but haven't found anything! Does anyone know what type of reforms are proposed?

    Thanks,
    Font22


Comments

  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    Font22 wrote: »
    Hello all,

    I can't remember when I heard this but I remember someone telling me that there was going to be some sort of reform in the special criminal court. Been looking for stuff on this but haven't found anything! Does anyone know what type of reforms are proposed?

    Thanks,
    Font22

    I think the reforms were to do with trying organized / serious skanger crime within the Special Criminal Court framework to avoid e.g. witness intimidation problems that have now become problematic enough to undermine the Central Criminal Court process. As far as I was aware, the SCC was established to try terrorism / IRA crimes way back when... and thats the limit of my knowledge of criminal law


  • Registered Users, Registered Users 2 Posts: 479 ✭✭_JOE_


    Was this McDowell's proposals regarding the admission of witnesses statements as truth of the facts without the actually present?
    Or possibly it could also refer to Ms justice Denham's proposals on reform of the superior courts?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Font22.

    2006 CJ Act

    http://oireachtas.ie/viewdoc.asp?DocID=6490&CatID=87&StartDate=01%20January%202006&OrderAscending=0

    Pages and inserts to SCC and OASA 1939.

    Pgs: 31, 156, 163.

    Tom


  • Closed Accounts Posts: 753 ✭✭✭Font22


    Perfect! Just what I was looking for Tom Young, once again you help me out! Thanks!


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,539 Mod ✭✭✭✭johnnyskeleton


    Font22 wrote: »
    Does anyone know what type of reforms are proposed?

    Returning it to the Kafkaesque nightmare from whence it came?


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  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,574 Mod ✭✭✭✭Robbo


    Returning it to the Kafkaesque nightmare from whence it came?
    "One morning as the Chief Justice awoke from his anxious dreams, he discovered that he had transformed into a monstrous insect"?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Actually, I was surfing the Dail debates for the comments on the Emergency Powers, under which the SCC was originally derived. I remember vaguely that there was a Dail debate on same last year and the reason for retention was something along the lines of Al Quada cells in Dublin!

    If I find the actual debate I can send on.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,539 Mod ✭✭✭✭johnnyskeleton


    Tom Young wrote: »
    Actually, I was surfing the Dail debates for the comments on the Emergency Powers, under which the SCC was originally derived. I remember vaguely that there was a Dail debate on same last year and the reason for retention was something along the lines of Al Quada cells in Dublin!

    If I find the actual debate I can send on.

    As far as I know, the emergency powers have ceased, but the special criminal court, and the "measures" which the courts found were necessary on previous occasions are still around.


  • Closed Accounts Posts: 727 ✭✭✭Oilrig


    And we moaned about the Diplock Courts... :rolleyes:


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,539 Mod ✭✭✭✭johnnyskeleton


    Oilrig wrote: »
    And we moaned about the Diplock Courts... :rolleyes:

    Basically the same thing, except that the special criminal court has 3 judges and they are higher up the food chain.

    People seems to support this type of court for the big gang leaders etc, but I don't think there is much jury intimidation in Ireland. Witness intimidation yes, informant intimidation absolutely, there's even a growing trend of garda intimidation (time was the gards intimidated the gangs) but I don't think there ever really was much jury intimidation.


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  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    Of course, with republican trials, one also had to watch out for sympathisers, something less likely with criminals.


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