special courts

special courts. The long tradition of replacing trial by jury with specially constituted courts commenced with the provision for two magistrates (from 1807 a special session chaired by a king's counsel) to try offences under the Insurrection Act. Various Coercion Acts gave powers to military and other non‐jury courts. Trial by court martial was permitted under the Defence of the Realm Acts, for breaches of regulations made under the acts, and under the Restoration of Order in Ireland Act for a range of general offences. Courts martial were also held under martial law in 1798–1806, in 1920–1, and during the Irish Civil War.

In independent Ireland special criminal courts composed of officers of the defence forces were authorized (though never set up) under the Public Safety Act (1927). The military tribunal created by a further Public Safety Act in 1931 tried 58 persons during 1931–2, and 94 following its revival by de Valera during 1933–7. During the Second World War, there were two special courts: a military tribunal established under the Emergency Powers Acts (1939, 1940), which sat 1940–3, and a Special Criminal Court composed of five military officers set up under the Offences against the State Act, which sat during 1939–46 and 1961–2. The latter was re‐established in May 1972, although its members now consisted of serving or retired judges.

In Northern Ireland the Special Powers Act (1922) gave any two resident magistrates summary jurisdiction over offences under the act. However the Criminal Procedure Act (1922), providing for special courts, was never implemented, and expired in 1923. The Emergency Provisions Act (1978) provided for non‐jury trial for scheduled offences and since the phasing out of internment these ‘Diplock courts’ (named after the chairman of a review commission in 1972) have provided the main means of dealing with terrorist offences.