The "Real IRA" - which carried out the Omagh bomb atrocity - is an illegal terrorist organisation, the Court of Appeal in Belfast ruled yesterday.
Three judges unanimously overturned Mr Justice Girvan's decision last month that the "Real IRA" was not a proscribed organisation within the meaning of the Terrorism Act 2000 when he dismissed a membership charge against four men.
But yesterday's ruling does not affect their acquittal as the attorney general referred the case to the Appeal Court purely on a point of law.
The Lord Chief Justice, Sir Brian Kerr, sitting with Lord Justices Nicholson and Campbell, said the "Real IRA" was not included in the list of proscribed organisations in Schedule 2 of the Act. But the Irish Republican Army was listed and Section 11 (1) of the Act made it an offence to profess or belong to an proscribed organisation "operating under the same name as an organisation listed in that schedule".
Sir Brian said that apart from the notoriety of the Omagh bomb outrage, in which 29 people and two unborn children were killed, the "Real IRA" was specified under the NI (Sentences) Act 1998 before the passing of the Terrorism Act. "In our judgment it is inconceivable that the legislature did not intend that the 'Real IRA' should be proscribed and that its members should be liable to prosecution for belonging to a proscribed organisation," said the Lord Chief Justice.
"Given the history of proscription and in particular the fact that Parliament frequently enacted proscription provisions designed to include both elements of the IRA (Official and Provisional) within the single rubric 'The Irish Republican Army', we have concluded that it was the intention of the legislature to include the 'Real IRA' within that term and that the legislation must be so construed.
"We therefore hold that the 'Real Irish Republican Army' is proscribed by virtue of section 3 (1) (a) of the Terrorism Act 2000 and Schedule 2."
Mr Barry Macdonald QC, applied for leave to appeal to the House of Lords and a decision will be given next week.