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Dáil Éireann debate -
Thursday, 6 Apr 1978

Vol. 305 No. 2

Written Answers. - Special Criminal Court.

455.

asked the Minister for Justice the total number of cases brought before the Special Criminal Court in each year since the establishment of the court; if he will provide an analysis of these cases by offence; and if he will provide an analysis of the verdicts.

The number of cases brought before the Special Criminal Court in each calendar year since the establishment of the court on 30 May 1972 is as follows:

1972:

94

1973:

137

1974:

187

1975:

126

1976:

135

1977:

113

TOTAL.

792

Each case could involve one or more charges or one or more persons. Thus, in the 792 cases brought before the court, charges were preferred against 1,281 persons of whom 929 were convicted and 352 were acquitted.

Court statistics are not compiled in such a manner as to show the information sought in the second and third parts of the question. The difficulty of classification in this area may be seen from the fact that where a person is found in certain circumstances with, say, an unlicensed firearm and ammunition, as many as six separate charges may in practice be preferred against him under the Firearms Acts, but, if he is convicted and sentenced on one or two of the main charges, the decision on the other (lesser) charges is largely irrelevant and the court may or may not proceed to impose separate penalties to run concurrently. Statistics relating to penalties for some of the charges would therefore have to be interpreted with caution—to such an extent that they would have little meaning.

Again, that same situation—that is, the finding of an unlicensed firearm and ammunition—might involve a number of persons who would be charged with different offences depending on the extent of their involvement.

Certain information about the pattern of sentences has, however, been compiled and is given in a tabular statement hereunder on the basis that, for the reasons indicated, it is intended to be taken as a general picture rather than a precise statistical statement.

Following is the statement:

Offences

Sentences or Penalties

Firearms Offences

Up to 10 years

Explosives Offences

Up to 15 years

Armed robbery and robbery with aggravation

Up to 10 years

Assault

Up to 7 years

Incitement

Up to 12 months

Offences against the State Act, 1939:

Publishing of incriminating document

Fines up to £100

Possession of incriminating document

6 months

Membership of an unlawful organisation

Up to 2 years

Failing to account for movements

Up to 12 months

Riot contrary to Common Law

Up to 2 years

Conspiracy

Up to 8 years

Larceny

Up to 15 years

Obstructing a garda

Up to 2 years

Receiving stolen property

Up to 2 years

Malicious damage

Up to 12 years

Offences under the Official Secrets Act, 1963

Up to 3 years

Murder

Life imprisonment

Attempted Murder

10 years

Manslaughter

10 years

Escaping from prison

Up to 2 years

Aiding, abetting and assisting in escape of a convicted person from lawful custody

Up to 5 years

Making false or threatening telephone calls

1 month

False imprisonment

Up to 20 years

Offences under the Prohibition of Forcible Entry and Occupation Act, 1971

9 months

Contempt of Court

3 months

Unlawful assembly

6 months

Offences under the Offences against the Person Act, 1861

Up to 20 years

Offences under the Air Navigation and Transport Act, 1973

Up to 9 years

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