Courts / Dublin / Report
Arrest of man charged in connection with murder of NI prison officer was legal, court rules
Summary
In a Special Criminal Court hearing, judges ruled that Vincent Banks's arrest on 18 December 2012 for alleged IRA membership was lawful. Banks, 47, had previously been arrested in September 2012 for the same alleged offence and released without charge. Defence lawyers challenged the legality of the second arrest under Section 30(A) of the Offences Against the State (Amendment) Act 1998, arguing that a repeat arrest without a warrant was unlawful. The court, hearing evidence from the Special Detective Unit, found that the September and December investigations were separate and that the earlier release did not affect the later arrest. Justice Isobel Kennedy therefore concluded the December arrest was lawful. Following the ruling, Banks's counsel, Padraig Dwyer SC, said his client would not contest some prosecution evidence, and the trial was adjourned to Monday. Vincent Banks pleaded not guilty.
Who, what, where, when and why
What: Report matter: Arrest of man charged in connection with murder of NI prison officer was legal, court rules. Charges or matters: membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on December 18th 2012. Procedural stage: charge_or_pretrial
When:
- November 1st 2012 Incident
- December 18th 2012 Incident
- September 2012 Incident
- December 2012 Adjournment
- 2017-07-13 Publication
Why: Today, Ms Justice Isobel Kennedy, presiding, said that it cannot be presumed simply because membership is continuing that the offence is the same. CNI source report
Case subjects
Accused
Charges: membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on December 18th 2012 (Alleged Or Contested)
Plea: Not guilty
Outcome: The trial was adjourned until Monday.
Places mentioned
- Special Criminal Court
- Northern Irish prison
- Maghaberry prison
Topics
Stage Charge Or Pretrial Violent Crime
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