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Capital punishment in Ireland was prohibited in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last to be executed was Michael Manning, hanged for murder in 1954. Early Irish law discouraged capital punishment. After the Norman conquest of Ireland, English law provided the model for Irish law.
The Criminal Law Act 1827 allowed judges to sentence to transportation for many hitherto capital crimes. Execution of Irish republicans created political martyrs, such as the “Manchester Martyrs” of 1867. In 1916, the execution of the leaders of the Easter Rising turned public sympathy in favour of the rebels. 21 War of Independence, starting with Kevin Barry. 21 War against the British authorities, established its own Republican Courts, these were not empowered to impose death sentences. The draft version of the 1922 Constitution of the Irish Free State included a ban on capital punishment, but the Dáil did not adopt this, so the relevant British laws continued in force.
Between November 1923 and April 1954, there were a total of 35 executions in the state. In the 1920s, execution was relatively common for murderers. The only woman executed after independence was Annie Walsh in 1925. She and her nephew blamed each other for the murder of her elderly husband. The press expected only the nephew to be found guilty, but both were. She was hanged aged 31 in spite of the jury recommending clemency. During the state of emergency in World War II, increased IRA activity led to six executions.
Article 13 section 6 The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may, except in capital cases, also be conferred by law on other authorities. The Criminal Justice Act 1951, in conformance with Article 13. 6 of the Constitution, explicitly excluded capital cases from those to which the Government was granted the power to commute sentences. When Seán Brady asked in February 1963, minister Charles Haughey announced “that the death penalty for murder generally will be abolished but it will be retained for certain specific types of murder. The Extradition Act, 1965 prevented extradition where the prisoner could be sentenced to death for a crime not punishable by death in Ireland.
The meaning of “capital murder” under the 1964 act was elucidated by the Supreme Court in the 1977 case of Noel and Marie Murray, convicted of capital murder after the 1975 shooting of a Garda, who was off duty and not in uniform, giving chase after they had robbed a bank. Criminology professor Ian O’Donnell wrote in 2016 that murderers with commuted death sentences “were released after periods of time that would be considered absurdly short today”. All were imposed by the Special Criminal Court. Four convicts were released in 1998 under the amnesty of political prisoners under the Good Friday Agreement. The remaining four protested that they were also eligible for the amnesty, but were not released under its provisions.
The state refused to grant the standard remission of sentences due for good behaviour, which would make them eligible for parole after 30 years. Pringle’s conviction was overturned in 1995. O’Shea was denied release in 2012. Released in 1998 under the Good Friday Agreement.