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Arrest deemed lawful in prosecution for membership of unlawful organisation
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Court of Appeal dismisses appeal from Special Criminal Court, and affirms conviction for membership of an unlawful organisation finding that the arrest of the appellant was lawful and justified since his arrest was not for the same offence as had prompted arrests earlier that year and the decision was not undermined by the fact that privilege was claimed in respect of confidential information underpinning the Chief Superintendent’s belief.
Criminal law – appeal for conviction for membership of an unlawful organisation imposed in the Special Criminal Court – s. 21 of the Offences Against the State Act, 1939 as amended by s. 48 of the Criminal Justice (Terrorist Offences) Act 2005 – s. 2 of the Offences Against the State (Amendment) Act 1998 – s. 30A of the 1939 Act – whether the Special Criminal Court had erred in their determination that the Gardaí were entitled to arrest the appellant without an arrest warrant – appeal dismissed
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