Offences Against the State Act, 1939

Transfer of trials from ordinary Courts to a Special Criminal Court.

48.—Whenever a person charged with an offence has been sent forward by a justice of the District Court for trial by the Central Criminal Court or the Circuit Court on such charge, then and in every such case the following provisions shall have effect, that is to say:—

(a) if the Attorney-General certifies that the ordinary Courts are, in his opinion, inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of such person on such charge, the Attorney-General shall cause an application, grounded on his said certificate, to be made on his behalf to the High Court for the transfer of the trial of such person on such charge to a Special Criminal Court, and on the hearing of such application the High Court shall make the order applied for, and thereupon such person shall be deemed to have been sent forward to a Special Criminal Court for trial on such charge;

(b) whenever the High Court has made, under the next preceding paragraph of this sub-section, such order as is mentioned in that paragraph, the following provisions shall have effect, that is to say:—

(i) a copy of such order shall be served on such person by a member of the Gárda Síochána,

(ii) a copy of such order shall be sent to the appropriate county registrar,

(iii) such person shall be brought before a Special Criminal Court for trial at such time and place as that Court shall direct,

(iv) if such person is in custody when such order is made, he may be detained in custody until brought before such Special Criminal Court for trial,

(v) if such person is at liberty on bail when such order is made, such bail shall be deemed to be for his attendance before a Special Criminal Court for trial at such time and place as that Court shall direct and, if he fails so to attend before the said Court, he shall be deemed to have broken his bail and his bail bond shall be estreated accordingly.