CHANGES which would allow the use of special courts where it appeared that the ordinary courts, with trial by jury, were inadequate to secure the administration of justice", are suggested by a majority of the Review Group.
A majority of the group considers that the exemption of the special courts from compliance with the constitutional provisions governing the courts as set out in articles 34 and 35, should be removed.
This would make certain provisions of the Offences Against State Act, 1939, unconstitutional.
In such a case, and in only such a case, Article 38.3 might also be amended "so as to permit the trial of offences before special courts where the ordinary courts are inadequate to cure the effective administration of justice or the preservation of public peace and order.
"This would permit the enactment at a future date of appropriate legislation if it appeared that the ordinary courts with trial by jury were inadequate to secure the effective administration of justice".
The existence of organised crime is given as a reason for recommending changes in the use of the special courts. Article 38.3 of the constitution should be amended so as to provide that special courts may be established only for a fixed period as prescribed by law, the Review Group recommends.