PUBLIC SAFETY (PUNISHMENT OF OFFENCES) TEMPORARY ACT, 1924

AN ACT TO MAKE PROVISION DURING A LIMITED PERIOD FOR THE PUNISHMENT OF CERTAIN OFFENCES AND FOR OTHER MATTERS CONNECTED WITH THE PRESERVATION OF PUBLIC SAFETY AND THE PROTECTION OF PERSON AND PROPERTY. [21st April, 1924.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIRE ANN AS FOLLOWS:—

1 Punishment of offences in Schedule.

1.—(1) Every person found guilty on indictment of any of the offences mentioned in Part I. of the Schedule to this Act may be sentenced to suffer penal servitude for life or such term of penal servitude as the judge may decide.

• (2) Every person convicted by a court of summary jurisdiction of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced to suffer imprisonment with or without hard labour for a term not exceeding twelve months, and may in addition be sentenced to pay a fine not exceeding fifty pounds and, in default of payment of such fine within one month after conviction, to suffer imprisonment without hard labour for a further term not exceeding six months to be added to and commence on the expiration of the said previous term of imprisonment.

• (3) Every person found guilty on indictment of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced—

• (a) to suffer penal servitude for a term not exceeding five years and may in addition be sentenced to pay a fine not exceeding one hundred pounds and, in default of payment of such fine within one month after sentence, to suffer penal servitude for a further term not exceeding one year to be added to and commence on the expiration of the said previous term of penal servitude; or

• (b) to suffer imprisonment with or without hard labour for a term not exceeding two years, and may in addition be sentenced to pay a fine not exceeding one hundred pounds, and, in default of payment of such fine within one month after sentence, to suffer imprisonment without hard labour for a further term not exceeding six months, to be added to and commence on the expiration of the first mentioned term of imprisonment.

• (4) Every male person who shall be found guilty on indictment of the offence of robbery under arms as defined at No. 6 in Part II. of the Schedule to this Act, or of the offence of arson as defined at No. 7 in Part II. of the said Schedule shall (unless the Court is satisfied that there are special circumstances in the case which constitute a mitigation of the offence, or is of opinion that, owing to the state of health or advanced age of such person, corporal punishment could not be inflicted on him without permanent injury to his health), in addition to the punishment prescribed in the foregoing sub-sections, be sentenced to be once privately whipped subject to the following provisions—

• (a) in the case of a person whose age does not exceed eighteen years, the number of strokes at such whipping shall not exceed twenty and the instrument used shall be a birch rod;

• (b) in the case of any other person, the number of strokes at such whipping shall not exceed twenty-five;

• (c) in each case the court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used;

• (d) such whipping shall not take place after the expiration of six months from the passing of the sentence;

• (e) such whipping to be inflicted on any person sentenced to penal servitude shall be inflicted on him before he is removed to a convict prison with a view to his undergoing his sentence of penal servitude.

• (5) Where a person is, after the passing of this Act, convicted of an offence mentioned in Part II. of the Schedule to this Act which is punishable under any Act for the time being in force by any greater punishment than is authorised by this section, such person may be sentenced to suffer any punishment authorised by this section or any punishment authorised by such Act.

• (6) A court of summary jurisdiction shall not have jurisdiction in respect of any of the offences mentioned in Part II. of the Schedule to this Act unless the court is of opinion that the facts proved against the accused constitute a minor offence fit to be tried summarily.

• (7) The jurisdiction of a court of summary jurisdiction in respect of any of the offences mentioned in Part II. of the Schedule to this Act shall not be ousted by reason of the title to any corporeal or incorporeal hereditaments or any lands or premises being drawn into question.

• (8) This section shall not apply to any offence committed before the passing of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923).

2 Power to seize and sell animals found trespassing.

2.—(1) It shall be lawful for an Executive Minister to order the seizure of any cattle and other animals found trespassing on land belonging to any Board or Department of the Government or to any private person or body, and the removal and detention of such cattle and other animals to and in any place within or outside Saorstát Eireann.

• (2) Whenever any cattle or other animals are seized under this section, such notice as the Minister aforesaid shall prescribe shall be given to the owner thereof, and such owner may, within such time as the Minister shall prescribe, redeem such cattle and other animals by payment to the Minister of such sum as the Minister shall estimate to be the fair value of such cattle and animals, or such lesser sum as the Minister shall think proper: Provided always that if such owner shall satisfy the Minister that the trespass by such cattle or other animals was accidental or took place against the will of such owner or was otherwise innocent, the Minister shall return such cattle and animals to such owner or pay to such owner the fair value thereof.

• (3) Whenever any cattle or other animals are seized pursuant to an order made by an Executive Minister bona fide in purported exercise of the powers conferred by this section, and the owner of such cattle or other animals satisfies the Minister that the said cattle or other animals were lawfully on the lands on which they were seized, the said owner shall be entitled, if the said cattle and other animals have not been sold, to have the said cattle and other animals returned to him, or, if the said cattle and other animals have been sold, to have the fair value of the said cattle and other animals paid to him by the Minister, but shall not be entitled in any case to any damages or compensation whatsoever on account of the seizure, removal, detention, or sale of the said cattle and other animals under the order aforesaid.

• (4) All cattle and other animals seized under this section and not so redeemed or returned shall be sold or disposed of in such manner and at such place whether within or outside Saorstát Eireann as the Minister shall direct.

• (5) The money paid for the redemption or the proceeds of the sale of any cattle or other animals redeemed or sold under this section shall be applied in the first place in or towards the payment of the expenses of the seizure, removal, detention and sale of such cattle and other animals, and in the next place in or towards the payment to the owner of the land on which such cattle and other animals were found trespassing of such compensation as the Minister shall direct for the damage caused by such trespass, and the surplus (if any) of such moneys or proceeds shall be forfeited and paid into the Exchequer in accordance with such directions as may be given from time to time by the Minister for Finance.

3 Restitution of stolen property.

3.—Whenever any stolen property shall be recovered by or otherwise come into the custody of a responsible officer, such responsible officer may upon being satisfied that such property is in fact stolen property and being satisfied of the identity of the owner, order such stolen property to be restored to the owner thereof notwithstanding that the person by whom such property was stolen has not been charged, tried, or convicted: Provided always that if such owner has already received compensation under the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923) for the loss of such stolen property he shall before such stolen property is actually restored to him, repay or return to the Minister for Finance such compensation or such lesser sum as may be deemed by such Minister to be the fair value of such stolen property at the time of the restoration thereof.

4 Punishment of persons having stolen property.

4.—Every person who shall be charged before a District Justice with having in his possession or on his premises with his knowledge or conveying in any manner anything which may reasonably be suspected of being stolen or unlawfully obtained, and shall not give an account to the satisfaction of such District Justice of the manner in which he came by the same shall be guilty of an offence under this Act, and shall be liable to a punishment not exceeding twelve months' imprisonment with or without hard labour.

5 Power to order restitution of stolen property.

5.—(1) If it shall be made to appear to a District Justice that any goods or money which were or were alleged to have been stolen or fraudulently obtained are in the custody of any member of the Dublin Metropolitan Police or the Gárda Síochána and that the person by whom the same were or were alleged to have been stolen or fraudulently obtained either—

• (a) cannot be found; or

• (b) has been tried, whether summarily or on indictment, and acquitted and no other person is charged with having stolen or fraudulently obtained the same; or

• (c) has been summarily convicted; or

• (d) has been tried on indictment and convicted, but the goods or money aforesaid shall not have been included in the indictment;

the District Justice may order such goods or money to be delivered to the rightful owner thereof, or, in case such owner cannot be found, may make such order in respect of such goods or money as may seem meet.

• (2) No order under this section shall be any bar to the right of any person to sue the person to whom any goods or money shall be delivered under such order and to recover such goods or money from him by action at law, so that such action shall be commenced within six months next after such order shall have been made.

6 Recovery of property representing stolen property or funds.

6.—(1) If and whenever an Executive Minister shall apply to a District Justice and allege that any land, investments or other property (including money) in the possession or under the control of any person was bought by such person with or otherwise represents or is directly or indirectly derived from—

• (a) any stolen property or funds; or

• (b) any public funds, or funds which ought to be in the custody of a Minister or a Government Department;

the District Justice shall, unless the person having possession or control of such land, investments or property satisfies him that such allegation is untrue, order the transfer of such property, in so far as it consists of land, to the Irish Land Commission, and in so far as it consists of investments or other property, to the Minister for Finance.

• (2) An order of a District Justice under this section ordering the transfer of any land to the Irish Land Commission shall operate to vest such land in the Irish Land Commission as from the date of the order for all the estate and interest therein which is so alleged to have been bought with or to represent or be derived from such stolen property or any such fund as aforesaid.

• (3) An order of a District Justice under this section ordering the transfer of any investments or other property to the Minister for Finance shall operate to vest such investments or property in the Minister for Finance, and in the case of investments or other property required by law to be transferred by deed or writing shall operate as a deed or writing duly executed by all necessary parties and capable of registration (where registration is necessary) transferring such investments or property to the Minister for Finance, and in the case of investments or other property transferable only by entries in a register, folio, or book, shall operate to authorise and require the proper entries for transferring such investments or property to the Minister for Finance to be made by the proper officer in such register, folio, or book.

• (4) All land, investments and other property which becomes vested in the Irish Land Commission or the Minister for Finance under this section shall be sold by such Commission or Minister (as the case may be), and the proceeds of every such sale shall be paid to the Minister for Finance who shall, after paying thereout all costs and expenses incurred in the recovery and sale of such land, investments and property and not otherwise provided for, apply such proceeds in recouping the person whose property, or the fund which, such land, investments or property represents or is derived from.

• (5) Any person (including an Executive Minister) aggrieved by an order of a District Justice under this section may appeal from such order to the County Court Judge, and an order of a County Court Judge on the hearing of any such appeal shall have the same operation as a like order by a District Justice would have under this section.

• (6) A District Justice or a County Court Judge may on the hearing of an application or appeal under this section make such order as to the payment of the costs of such application or appeal as such District Justice or County Court Judge shall think proper.

• (7) In this section the expression “County Court Judge” shall include a Recorder.

7 Recovery of money in Bank representing stolen property or funds.

7.—(1) If and whenever an Executive Minister shall satisfy a District Justice that there is reasonable ground for suspecting that any sum of money standing to the credit of any person in the books of any Bank or similar institution is, or represents, or is directly or indirectly derived from—

• (a) any stolen property or funds; or

• (b) the proceeds of the sale, letting, or working of, or otherwise dealing with any lands by a person unlawfully in possession thereof or acting without the authority of the person lawfully entitled to the possession thereof; or

• (c) any public funds; or

• (d) funds which ought to be in the custody or under the control of a Minister or a Government Department;

the District Justice shall by order prohibit any transfer of or other dealing with such sum of money or any part thereof.

• (2) Whenever an order is made by a District Justice under this section prohibiting the dealing with any sum of money, the Minister for Finance shall give public notice by advertisement or otherwise of such prohibition, and unless within a time to be limited by such notice (not being less than one month) or such extended time as the Minister for Finance shall allow, some person proves to the satisfaction of an independent assessor nominated by the President and named in the public notice aforesaid that such sum of money belongs to him and is not and does not represent and is not directly or indirectly derived from—

• (a) any stolen property or funds; or

• (b) the proceeds of the sale, letting, or working of, or otherwise dealing with any lands by a person unlawfully in possession thereof or acting without the authority of the person lawfully entitled to the possession thereof; or

• (c) any public funds; or

• (d) funds which ought to be in the custody or under the control of a Minister or a Government Department;

the Minister for Finance shall certify in writing that such sum of money is forfeited to the Minister for Finance.

Every person named as an assessor under this sub-section shall, be either a person holding judicial office in Saorstát Eireann or a practising member of the Senior Bar in Saorstát Eireann.

• (3) If within such time or extended time as is mentioned in the foregoing sub-section any person proves to the satisfaction of the assessor aforesaid the matters mentioned in the foregoing sub-section, the Minister for Finance shall certify in writing that the order made by the District Justice under this section in respect of such sum of money may be discharged, and upon production of such certificate to a District Justice such District Justice shall discharge such order.

• (4) A certificate given by the Minister for Finance under this section certifying the forfeiture of any sum of money shall operate to vest in the Minister for Finance, as from the time of the production of such certificate to the Bank or institution in whose books the sum of money aforesaid is standing, the whole of such sum of money.

• (5) All money forfeited to the Minister for Finance under this section shall, after payment thereout of the costs and expenses incurred in the recovery thereof, be applied by the Minister for Finance in recouping the person from whom such money was directly or indirectly stolen or the fund to which such money directly or indirectly belongs.

• (6) Section 11 of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923), shall be deemed to have continued as from the expiration of that Act, and shall continue for the duration of this Act, in force so far as may be necessary—

• (a) to continue in full force and effect every order made by a District Justice under the said Section 11 previous to the expiration of that Act; and

• (b) to validate all such steps as shall have been taken since such expiration, and to authorise such steps to be hereafter taken, by the Minister for Finance or any other person under or in pursuance of or consequent upon any such order which that Minister or person could have taken or could take under the said Section 11 if that Act had not expired.

8 Change of venue in criminal cases.

8.—(1) Where an indictment for a crime committed at any place in Saorstát Eireann has been found against any person, or any person has been committed for trial for such crime, the High Court on an application by or on behalf of the Attorney-General of Saorstát Eireann and upon his Certificate that he believes that a more fair and impartial trial can be had at a court and in a county to be named in such Certificate, shall make an order as of course that the trial shall be had at the court and in the county named in the Certificate.

• (2) Whenever an order for the removal of the trial of a crime is made under this section before the indictment has been found, such crime may be inquired into by a grand jury of, and the trial thereof may be had in, the county named in the order of removal in like manner as if the crime had been committed in such county.

• (3) Whenever an order for the removal of the trial of a crime is made under this section after the indictment has been found, such trial may be had as if the indictment had been found in the court to which the trial is removed.

9 Power to make rules and prescribe forms.

9.—The Minister for Home Affairs may make rules for the conduct of proceedings authorised by this Act to be brought before a District Justice and may prescribe the forms to be used in such proceedings, and may for that purpose continue in force and apply to proceedings under this Act all or any rules and forms prescribed by him under Section 14 of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923).

10 Definitions.

10.—In this Act—

the expression “responsible officer” means an officer of a police force established by or under the control of the Minister for Home Affairs not below the rank of superintendent or an officer of the military forces of Saorstát Eireann not below the rank of commandant;

the expression “District Justice” includes a Divisional Magistrate of the City of Dublin;

in the expression “stolen property” the word “stolen” includes taken away by larceny, false pretences, embezzlement, robbery, burglary or housebreaking, and the word “property” includes money, paper money, securities for money, bank or government notes, negotiable instruments and stamps.

11 Short title and duration.

11.—(1) This Act may be cited as the Public Safety (Punishment of Offences) Temporary Act, 1924.

• (2) This Act shall continue in force for one year after the passing thereof and shall then expire.

SCHEDULE.

Part I.

Inciting persons to engage in an attempt to overthrow by violence the established form of Government of Saorstát Eireann or organising or otherwise assisting or encouraging any such attempt.

Part II.