Main Points

Main points from the report

Main points from the report

SPECIAL CRIMINAL COURT

Majority

It should be retained, because of the threat from both paramilitaries and organised crime. However, it should be kept under review.

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Minority

The case in favour of the continued existence of the Special Criminal Court has not been made. Problems, like the danger of jury intimidation, can be dealt with in other ways.

INTERNMENT

Majority

The use of internment cannot be ruled out as a matter of principle in all circumstances. (Dr Hogan did not agree with the majority on this).

Minority

Internment should not be part of our legal system because it violates important human rights central to a democratic society.

RIGHT TO SILENCE 

Majority

Provisions which allow inferences to be drawn from exercising this right should be retained.

Minority

Restrictions on the right to silence should be repealed, and a suspect should have the right to a solicitor during questioning.

POWERS OF ARREST AND DETENTION

Majority

The basis on which the Gardai can arrest suspects should be reviewed, but power to detain up to 72 hours should remain, though not all members of the majority agreed.

Minority

The basis on which arrests can be made under this legislation should be narrowed, and 48 hours' detention should be sufficient to question the suspect.