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Special Criminal Court incorrect in its interpretation of statute on rearrest of IRA suspects – Court of Appeal

Summary

The Court of Appeal ruled that the Special Criminal Court had misinterpreted the statute on rearresting IRA suspects. Mr Kevin Braney, 40, had been charged with membership of the IRA in 2013 after a prior 1989 arrest on the same suspicion that never led to charges. The Special Criminal Court held that the two arrests were unlawful because they were for the same offence without a warrant. The Court of Appeal found this interpretation incorrect, noting that a 24‑year gap between arrests differs from the three‑month gap in the Vincent Banks case. It held that membership implies continuity, not permanence, and that the earlier and later arrests may not be the same offence. The decision clarified that the Special Criminal Court's view was not correct under section 30 of the Offences Against the State Act.

Who, what, where, when and why

What: Report matter: Special Criminal Court incorrect in its interpretation of statute on rearrest of IRA suspects – Court of Appeal. Charges or matters: membership of an illegal organisation styling itself the Irish Republican Army. Procedural stage: appeal

When:

• March 29th, 2013 Incident
• March 2013 Incident
• 2015-07-06 Publication

Why: During his trial at the three-judge Special Criminal Court earlier this year, Mr Justice Paul Butler, presiding, said the arrests of Mr Braney and a number of his co-accused were not lawful because they had previously been arrested for IRA membership and should not have been rearrested for the same offence on a different date without a warrant. CNI source report

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Stage Appeal

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Read the original CNI report