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.
Written Answers. - Special Criminal Court.
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 |