Gilligan -v- The Special Criminal Court & ors [2005] IESC 86 (21 December 2005)

Gilligan -v- The Special Criminal Court & ors [2005] IESC 86 (21 December 2005)

The Special Criminal Court is a court of trial with jurisdiction limited to the trial of offences and expressly conferred ancillary powers. The power to make confiscation orders under s.4 of the Criminal Justice Act, 1994, as amended, is not expressly conferred on the Special Criminal Court and is not sufficiently ancillary to the trial of offences to be implied. Therefore, the Special Criminal Court lacks jurisdiction to make such orders.

Citation
[2005] IESC 86
Parties
Plaintiff/respondent: John Gilligan; Defendant/appellant: The Special Criminal Court; Defendant/appellant: Ireland; Defendant/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
21 December 2005
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Jurisdiction of Special Criminal Court, Ancillary Powers of Courts, Confiscation Orders, Interpretation of Statutory Powers
Criminal Law Constitutional Law Jurisdiction of Special Criminal Court Ancillary Powers of Courts Confiscation Orders Interpretation of Statutory Powers

Case Brief

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Parties

John Gilligan

Plaintiff/respondent

The Special Criminal Court

Defendant/appellant

Ireland

Defendant/appellant

The Attorney General

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Special Criminal Court has jurisdiction to make a confiscation order under s.4 of the Criminal Justice Act, 1994, as amended
  2. 2 Whether the confiscation provisions are ancillary to the trial of offences under Article 38 of the Constitution

Ratio Decidendi

The Special Criminal Court is a court of trial with jurisdiction limited to the trial of offences and expressly conferred ancillary powers. The power to make confiscation orders under s.4 of the Criminal Justice Act, 1994, as amended, is not expressly conferred on the Special Criminal Court and is not sufficiently ancillary to the trial of offences to be implied. Therefore, the Special Criminal Court lacks jurisdiction to make such orders.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • The appeal is dismissed.
  • The order of the High Court is affirmed.