Scheduled offence

The Special Criminal Court (SCC) (Irish: Cúirt Choiriúil Speisialta) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.

Article 38 of the Constitution of Ireland empowers the Dáil to establish "special courts" with wide-ranging powers when the "ordinary courts are inadequate to secure the effective administration of justice".

The Offences against the State Act 1939 led to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a "scheduled offence" is set out in the Offences Against the State (Scheduled Offences) Order 1972 as encompassing offences under:

A further class of offences was added by Statutory Instrument later the same year under:

Offenses under the Criminal Damage Act 1991 are also scheduled.

Offences covered under the laws are known as "scheduled offences".

The Special Criminal Court also has jurisdiction over non-scheduled offences where the Attorney-General certifies, under s.47(2) of the under the Offences against the State Act 1939, that in his or her opinion the ordinary courts are "inadequate to secure the effective administration of justice in relation to the trial of such person on such charge". The Director of Public Prosecutions (DPP) exercises these powers of the Attorney-General by delegated authority.

On 26 May 1972, the Government exercised its power to make a proclamation pursuant to Section 35(2) of the under the Offences against the State Act 1939 which led to the establishment of the Special Criminal Court for the trial of certain offences. The current court was first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army from subverting Ireland's neutrality during World War II and the Emergency. The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.

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