Courts / Dublin / Report
IRA membership arrest of man charged in connection with David Black murder was unlawful
Summary
The Special Criminal Court ruled that Vincent Banks' arrest on suspicion of IRA membership, linked to the murder of prison officer David Black, was unlawful. Banks, 46, pleaded not guilty to withholding information about the murder. A voir dire examined the legality of his detention, the arrest, and searches of his Smithfield apartment and a Finglas address. The defence argued that Banks' December 18, 2012 arrest for IRA membership violated Section 30(A) of the Offences Against the State (Amendment) Act 1998, as he had been released without charge in September 2012 and could not be re‑arrested without a warrant. The court accepted that the arrest was unlawful but did not find it tainted the withholding‑information charge. It upheld the legality of his detention and the searches.
Who, what, where, when and why
What: Report matter: IRA membership arrest of man charged in connection with David Black murder was unlawful. Charges or matters: a charge of withholding information in relation to the murder. Procedural stage: sentence
When:
- December 18, 2012 Incident
- September 2012 Incident
- November 1, 2012 Hearing Or Sentence
- October 10th Other
- December 20th 2012 Incident
- 2014-03-19 Publication
Case subjects
Accused
Charges: a charge of withholding information in relation to the murder (Alleged Or Contested)
Plea: Not guilty
Outcome: The court ruled that Mr Banks' detention after arrest, the subsequent extension of this detention and the warrants used to search the two premises were lawful.; He has been remanded on the membership count and the matter is due to proceed immediately upon the judgement on the withholding information count.
Places mentioned
- The Special Criminal Court
- Northern Ireland prison
Topics
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