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Special Criminal Court should be scrapped to ensure everyone has a fair trial, IHREC says

The watchdog says anyone who appears before the juryless court "does not enjoy the same access to a fair trial the rest of us do"
Stephen McNeice
Stephen McNeice

12.41 19 Nov 2021


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Special Criminal Court should...

Special Criminal Court should be scrapped to ensure everyone has a fair trial, IHREC says

Stephen McNeice
Stephen McNeice

12.41 19 Nov 2021


Share this article


The Special Criminal Court should be abolished, the Irish Human Rights and Equality Commission says.

They say anyone who appears before the juryless court "does not enjoy the same access to a fair trial the rest of us do".

Established in 1972, the court was set up to deal with terrorism-related crime during the Troubles.

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However, the court has since been extended to tackle some organised crime cases amid concern over issues such as jury intimidation.

The court has proven consistently controversial, and the legislation governing the court has to be renewed every year.

An independent review is also ongoing, examining whether the court is still needed.

IHREC Chief Commissioner Sinéad Gibney told Newstalk Breakfast the court should now be wound down.

Special Criminal Court should be scrapped to ensure everyone has a fair trial, IHREC says

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She said: “We’re setting out to the independent review that’s currently underway that the court should be abolished and the Act should be repealed.

“What we have seen happen is an emergency power set in place 50 years ago has evolved into a fixture of our criminal justice system.

"It has created essentially a parallel court system, where those people who appear before the Special Criminal Court do not enjoy the same access to a fair trial the rest of us do.”

Ms Gibney said the IHREC is also aware the review group may not agree with abolition, so her group is also setting out measures to ensure people have access to a fair trial if the court remains.

She believes Ireland's justice system is able to deal with issues such as witness intimidation, and new measures such as anonymised juries and remote jury systems could further reduce the risk.

For now, she argued the current levels of discretion given by the DPP to refer cases to the special court means “people can be tried for the same case in two different settings”.

She said: “The issue is that if you feel any way uncomfortable about the prospect of facing a court without a jury… then you should feel uncomfortable that anyone in this State is facing the same outcome.

“These are very serious crimes the Special Criminal Court deals with - but we all enjoy the presumption of innocence, and that is an integral part of a State founded on a clear rule of law and has a clear focus on the right to a fair trial.”

Sinn Féin had long been one of the most vocal critics of juryless courts.

The party still opposes the Special Criminal Court in its current form, but party president Mary Lou McDonald has recently said she believes there is a place for non-jury trials in the justice system.

Main image: Sinead Gibney of the IHREC (Photo: Leah Farrell/Rollingnews.ie) and a courtroom (Photo: Sasko Lazarov/RollingNews.ie)

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