Offences Against the State (Amendment) Act, 1998

Offences under Act to be scheduled offences.

14.—(1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to each offence under sections 6 to 9 and 12 .

(2) Each offence under sections 6 to 9 and 12 shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of that Act in relation to it and subsection (3) of that section and section 37 of that Act shall apply to such an offence accordingly.

(3) Nothing in subsection (1) or (2) shall be construed as affecting, or limiting in any particular case, the exercise—

(a) by the Government of any of its powers under any provision of section 35 or 36 of the Act of 1939,

(b) by the Director of Public Prosecutions of his or her power under section 45 (2) of the said Act to direct that a person not be sent forward for trial by the Special Criminal Court on a particular charge, or

(c) by the Government or the Director of Public Prosecutions of any other of its or his or her powers under Part V of the said Act or by any other person of his or her powers under the said Part.