(LRC Revised)

Number 13 of 1939

OFFENCES AGAINST THE STATE ACT 1939

REVISED

Updated to 1 October 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Offences Against the State Act 1939

. It is prepared by the

Law Reform Commission in accordance with its function under the

Law Reform Commission

Act 1975

(3/1975) to keep the law under review and to undertake revision and

consolidation of statute law.

All Acts up to and including the

Housing Finance Agency (Amendment) Act 2025

(11/2025), enacted 28 October 2025, and all statutory instruments up to and

including the

Maritime Area Planning Act 2021 (Fit and Proper Person) Order 2025

(S.I. No. 467 of 2025), made 1 October 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

13

of

1939

OFFENCES AGAINST THE STATE ACT

1939

REVISED

Updated to

1 October 2025

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Exercise of powers by superintendents of the Gárda Síochána.

4.

Expenses.

5.

Repeals.

PART II.

Offenses Against the State.

6.

Usurpation of functions of government.

7.

Obstruction of government.

8.

Obstruction of the President.

9.

Interference with military or other employees of the State.

10.

Prohibition of printing, etc., certain documents.

11.

Foreign newspapers, etc., containing seditious or unlawful matter.

12.

Possession of treasonable, seditious, or incriminating documents.

13.

Provisions in respect of documents printed for reward.

14.

Obligation to print printer's name and address on documents.

15.

Unauthorised military exercises prohibited.

16.

Secret societies in army or police.

17.

Administering unlawful oaths.

PART III.

Unlawful Organisation.

18.

Unlawful organisations.

19.

Suppression orders.

20.

Declaration of legality.

21.

Prohibition of membership of an unlawful organisation.

21A.

Offence of providing assistance to an unlawful organisation.

22.

Provisions consequent upon the making of a suppression order.

22A.

Definitions for, and operation of, sections 22B to 22I.

22B.

Interim order respecting specified property.

22C.

Disposal order respecting specified property.

22D.

Ancillary orders and provision in relation to certain profits or gains, etc.

22E.

Evidence.

22F.

Seizure of certain property.

22G.

Compensation.

22H.

Application of certain provisions of Act of 1996.

22I.

Immunity from proceedings.

23.

Provisions consequent upon the making of a declaration of legality.

24.

Proof of membership of an unlawful organisation by possession of incriminating document.

25.

Closing of buildings.

PART IV.

Miscellaneous.

26.

Evidence of publication of treasonable, seditious or incriminating document.

27.

Prohibition of certain public meetings.

28.

Prohibition of meetings in the vicinity of the Oireachtas.

29.

Search warrants in relation to the commission of offences under this Act or to treason.

30.

Arrest and detention of suspected persons.

30A.

Rearrest under section 30 of Act of 1939.

31.

Offences by bodies corporate.

32.

Re-capture of escaped prisoners.

33.

Remission, etc., in respect of convictions by a Special Criminal Court.

34.

Forfeiture and disqualifications on certain convictions by a Special Criminal Court.

PART V.

Special Criminal Courts.

35.

Commencement and cesser of this Part of this Act.

36.

Schedule offences.

37.

Attempting, etc., to commit a scheduled offence.

38.

Establishment of Special Criminal Courts.

39.

Constitution of Special Criminal Courts.

40.

Verdicts of Special Criminal Courts.

41.

Procedure of Special Criminal Courts.

42.

Authentication of orders of Special Criminal Courts.

43.

Jurisdiction of Special Criminal Courts.

44.

Appeal to Court of Criminal Appeal.

45.

Proceedings in the District Court in relation to scheduled offences.

46.

Proceedings in the District Court in relation to non-scheduled offences.

47.

Charge before Special Criminal Court in lieu of District Court.

48.

Transfer of trials from ordinary Courts to a Special Criminal Court.

49.

Selection of the Special Criminal Court by which a person is to be tried.

50.

Orders and sentences of Special Criminal Courts.

51.

Standing mute of malice and refusal to plead, etc.

52.

Examination of detained persons.

53.

Immunities of members, etc., of Special Criminal Courts.

PART VI.

Powers of Internment.

54.

Commencement and cesser of

this Part of this Act.

(Repealed)

55.

Special powers of arrest and

detention.

(Repealed)

56.

Powers of search, etc., of

detained persons.

(Repealed)

57.

Release of detained

persons.

(Repealed)

58.

Regulations in relation to

places of detention.

(Repealed)

59.

Commission for inquiring into

detention.

(Repealed)

Acts Referred to

Treasonable Offences Act, 1925

No. 18 of 1925

Public Safety (Emergency Powers) Act, 1926

No. 42 of 1926

Courts of Justice Act, 1924

No. 10 of 1924

Courts of Justice Act, 1928

No. 15 of 1928

Number

13

of

1939

OFFENCES AGAINST THE STATE ACT

1939

REVISED

Updated to

1 October 2025

AN ACT TO MAKE PROVISION IN RELATION TO ACTIONS AND CONDUCT CALCULATED TO UNDERMINE

PUBLIC ORDER AND THE AUTHORITY OF THE STATE, AND FOR THAT PURPOSE TO PROVIDE FOR THE

PUNISHMENT OF PERSONS GUILTY OF OFFENCES AGAINST THE STATE, TO REGULATE AND CONTROL

IN THE PUBLIC INTEREST THE FORMATION OF ASSOCIATIONS, TO ESTABLISH SPECIAL CRIMINAL

COURTS IN ACCORDANCE WITH ARTICLE 38 OF THE CONSTITUTION AND PROVIDE FOR THE CONSTITUTION,

POWERS, JURISDICTION, AND PROCEDURE OF SUCH COURTS, TO REPEAL CERTAIN ENACTMENTS AND

TO MAKE PROVISION GENERALLY IN RELATION TO MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[14

th June

, 1939].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering

text)

C1

Offences under Act defined

as serious offences for purposes of bail (4.09.1998) by

Bail Act 1997

(16/1997), s. 1 and sch. para. 25, S.I. No. 315 of 1998.

“serious offence“ means

an offence specified in the

Schedule

for which a person of full capacity and not

previously convicted may be punished by a term of imprisonment for a term of 5

years or by a more severe penalty.

Schedule

...

25.

Any offence under the

provisions of the

Offences against the State Act 1939

.

...

C2

Act applied with necessary

modifications and definition of “unlawful organisation“ amended

(8.03.2005) by

Criminal Justice (Terrorist Offences) Act 2005

(2/2005), s.

5.

Terrorist groups.

5.

—(1) A terrorist group that engages in,

promotes, encourages or advocates the commission, in or outside the State, of a

terrorist activity is an unlawful organisation within the meaning and for the

purposes of the Offences against the State Acts 1939 to 1998 and

section

3

of the

Criminal Law Act 1976

.

(2) For the purposes of this Act, the Offences against the State

Acts 1939 to 1998 and

section 3

of the

Criminal Law Act 1976

apply with any

necessary modifications and have effect in relation to a terrorist group referred

to in

subsection (1)

as if that group were an organisation referred to in

section 18 of the Act of 1939.

(3)

Subsections (1)

and

(2)

are not to be taken to

be limited by any other provision of this Act that refers to provisions of the

Offences against the State Acts 1939 to 1998 or that makes provisions of those

Acts applicable in relation to offences under this Act.

(4)

Subsections (1)

and

(2)

apply whether the

terrorist group is based in or outside the State.

Editorial Notes

E1

Records held by the Defence

Forces in relation to collectively cited

Offences Against the State Acts

1939-1998

excluded from application of

Freedom of Information Act

2014

(14.10.2014) by

Freedom of Information Act 2014

(30/2014), s.

42(c)(ii)(I), commenced on enactment.

E2

Inferences may be drawn

from failure of accused to mention particular facts in proceedings relating to

scheduled offence under Act as provided (3.09.1998) by

Offences Against the

State (Amendment) Act 1998

(39/1998), s. 5, commenced on enactment.

E3

In connection with a

scheduled offence under Act, additional powers to search and stop a vehicle

granted to An Garda Síochána (24.09.1976) by

Criminal Law Act 1976

(32/1976), s. 8, commenced on enactment.

Annotations

Modifications (not altering

text)

C1

Offences under Act defined

as serious offences for purposes of bail (4.09.1998) by

Bail Act 1997

(16/1997), s. 1 and sch. para. 25, S.I. No. 315 of 1998.

“serious offence“ means

an offence specified in the

Schedule

for which a person of full capacity and not

previously convicted may be punished by a term of imprisonment for a term of 5

years or by a more severe penalty.

Schedule

...

25.

Any offence under the

provisions of the

Offences against the State Act 1939

.

...

C2

Act applied with necessary

modifications and definition of “unlawful organisation“ amended

(8.03.2005) by

Criminal Justice (Terrorist Offences) Act 2005

(2/2005), s.

5.

Terrorist groups.

5.

—(1) A terrorist group that engages in,

promotes, encourages or advocates the commission, in or outside the State, of a

terrorist activity is an unlawful organisation within the meaning and for the

purposes of the Offences against the State Acts 1939 to 1998 and

section

3

of the

Criminal Law Act 1976

.

(2) For the purposes of this Act, the Offences against the State

Acts 1939 to 1998 and

section 3

of the

Criminal Law Act 1976

apply with any

necessary modifications and have effect in relation to a terrorist group referred

to in

subsection (1)

as if that group were an organisation referred to in

section 18 of the Act of 1939.

(3)

Subsections (1)

and

(2)

are not to be taken to

be limited by any other provision of this Act that refers to provisions of the

Offences against the State Acts 1939 to 1998 or that makes provisions of those

Acts applicable in relation to offences under this Act.

(4)

Subsections (1)

and

(2)

apply whether the

terrorist group is based in or outside the State.

Editorial Notes

E1

Records held by the Defence

Forces in relation to collectively cited

Offences Against the State Acts

1939-1998

excluded from application of

Freedom of Information Act

2014

(14.10.2014) by

Freedom of Information Act 2014

(30/2014), s.

42(c)(ii)(I), commenced on enactment.

E2

Inferences may be drawn

from failure of accused to mention particular facts in proceedings relating to

scheduled offence under Act as provided (3.09.1998) by

Offences Against the

State (Amendment) Act 1998

(39/1998), s. 5, commenced on enactment.

E3

In connection with a

scheduled offence under Act, additional powers to search and stop a vehicle

granted to An Garda Síochána (24.09.1976) by

Criminal Law Act 1976

(32/1976), s. 8, commenced on enactment.

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Exercise of powers by superintendents of the Gárda Síochána.

4.

Expenses.

5.

Repeals.

PART II.

Offenses Against the State.

6.

Usurpation of functions of government.

7.

Obstruction of government.

8.

Obstruction of the President.

9.

Interference with military or other employees of the State.

10.

Prohibition of printing, etc., certain documents.

11.

Foreign newspapers, etc., containing seditious or unlawful matter.

12.

Possession of treasonable, seditious, or incriminating documents.

13.

Provisions in respect of documents printed for reward.

14.

Obligation to print printer's name and address on documents.

15.

Unauthorised military exercises prohibited.

16.

Secret societies in army or police.

17.

Administering unlawful oaths.

PART III.

Unlawful Organisation.

18.

Unlawful organisations.

19.

Suppression orders.

20.

Declaration of legality.

21.

Prohibition of membership of an unlawful organisation.

21A.

Offence of providing assistance to an unlawful organisation.

22.

Provisions consequent upon the making of a suppression order.

22A.

Definitions for, and operation of, sections 22B to 22I.

22B.

Interim order respecting specified property.

22C.

Disposal order respecting specified property.

22D.

Ancillary orders and provision in relation to certain profits or gains, etc.

22E.

Evidence.

22F.

Seizure of certain property.

22G.

Compensation.

22H.

Application of certain provisions of Act of 1996.

22I.

Immunity from proceedings.

23.

Provisions consequent upon the making of a declaration of legality.

24.

Proof of membership of an unlawful organisation by possession of incriminating document.

25.

Closing of buildings.

PART IV.

Miscellaneous.

26.

Evidence of publication of treasonable, seditious or incriminating document.

27.

Prohibition of certain public meetings.

28.

Prohibition of meetings in the vicinity of the Oireachtas.

29.

Search warrants in relation to the commission of offences under this Act or to treason.

30.

Arrest and detention of suspected persons.

30A.

Rearrest under section 30 of Act of 1939.

31.

Offences by bodies corporate.

32.

Re-capture of escaped prisoners.

33.

Remission, etc., in respect of convictions by a Special Criminal Court.

34.

Forfeiture and disqualifications on certain convictions by a Special Criminal Court.

PART V.

Special Criminal Courts.

35.

Commencement and cesser of this Part of this Act.

36.

Schedule offences.

37.

Attempting, etc., to commit a scheduled offence.

38.

Establishment of Special Criminal Courts.

39.

Constitution of Special Criminal Courts.

40.

Verdicts of Special Criminal Courts.

41.

Procedure of Special Criminal Courts.

42.

Authentication of orders of Special Criminal Courts.

43.

Jurisdiction of Special Criminal Courts.

44.

Appeal to Court of Criminal Appeal.

45.

Proceedings in the District Court in relation to scheduled offences.

46.

Proceedings in the District Court in relation to non-scheduled offences.

47.

Charge before Special Criminal Court in lieu of District Court.

48.

Transfer of trials from ordinary Courts to a Special Criminal Court.

49.

Selection of the Special Criminal Court by which a person is to be tried.

50.

Orders and sentences of Special Criminal Courts.

51.

Standing mute of malice and refusal to plead, etc.

52.

Examination of detained persons.

53.

Immunities of members, etc., of Special Criminal Courts.

PART VI.

Powers of Internment.

54.

Commencement and cesser of

this Part of this Act.

(Repealed)

55.

Special powers of arrest and

detention.

(Repealed)

56.

Powers of search, etc., of

detained persons.

(Repealed)

57.

Release of detained

persons.

(Repealed)

58.

Regulations in relation to

places of detention.

(Repealed)

59.

Commission for inquiring into

detention.

(Repealed)