Offence of withholding information ruled as unconstitutional - Irish Times

Dame_Enda

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The High Court judge ruled that the criminalisation of the withholding of information that could lead to an arrest, prosecution or conviction for a serious offence is unconstitutional. Good or bad?

.....Section 9.1.b makes it an offence for any person who has information they know or believe might be of “material assistance” in securing the “apprehension, prosecution or conviction of any other person for a serious offence” but who fails “without reasonable excuse” to disclose that “as soon as practicable” to the Garda.

It is “constitutionally impermissible” to create an offence of remaining silent in regard to the possible commission of an offence by another person, the judge said. Section 9.1.b essentially “makes silence of itself an offence”..
 


Notachipanoaktree

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Once again. Welcome to FUC*KIN PIGSTYLAND. Nasty little pigsty, nasty little Leprechauns.

I guess that's the last we'll see of even a hint of Anti-Corruption Legislation, eh?
 

statsman

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The High Court judge ruled that the criminalisation of the withholding of information that could lead to an arrest, prosecution or conviction for a serious offence is unconstitutional. Good or bad?
Let's wait to see what the Supreme Court says.
 

statsman

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The judge noted, while a majority of the committee set up to review the Offences Against the State Acts 1939-1998 had not recommended any change in its 2002 report, Professor Dermot Walsh had in his dissenting view argued the majority did not take sufficient cognisance of human rights norms.

Prof Walsh had described Section 9.1.b as “fundamentally objectionable in a society which seeks to strike a fair balance between the autonomy of the individual and the intrusive demands of the State”.
It's very hard to argue with that.
 

Notachipanoaktree

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Once again. Welcome to FUC*KIN PIGSTYLAND. Nasty little pigsty, nasty little Leprechauns.

I guess that's the last we'll see of even a hint of Anti-Corruption Legislation, eh?
Anybody speaking in support of this BS is going on my cu*nt list. Move over Squirrel you're about to be pushed off the building, again.
 

The_SR

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' You have the right to remain silent..."

The cops even said it to him.
 

The_SR

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Anybody speaking in support of this BS is going on my cu*nt list. Move over Squirrel you're about to be pushed off the building, again.
What are you shyting on about? You can't tell someone on arrest they have a right and then prosecute them for invoking that right.
 

rob

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The High Court judge ruled that the criminalisation of the withholding of information that could lead to an arrest, prosecution or conviction for a serious offence is unconstitutional. Good or bad?
At no time during his interviews with gardaí was Mr Sweeney told his failure to answer questions could lead to a charge being levied under Section 9.1.b, she said.
would the outcome be different if he had been told?
 

stopdoingstuff

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Quit running your mouths off or you're going to get us all pinched.
 

The_SR

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If you neglect to say something you will later rely on in court
Wrong country.

“You are not obliged to say anything unless you wish to do so but anything you say may be taken down in writing and may be used in evidence”.
 

ShoutingIsLeadership

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What does this do to obligations on certain professionals to report child abuse incidents or accusations?

Just curious - could be wholly irrelevant
 

Barroso

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Isn't there a bit in the Offences against the state act about drawing inferences from staying silent?

Where will this leave that Act?
 

cricket

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What does this do to obligations on certain professionals to report child abuse incidents or accusations?

Just curious - could be wholly irrelevant
My thoughts entirely. The right of the child to be protected trumps that of an adult to withhold information. Should be fast-racked to Supreme court.
 

ShoutingIsLeadership

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My thoughts entirely. The right of the child to be protected trumps that of an adult to withhold information. Should be fast-racked to Supreme court.
Seems this is specifically the OASA, but if the principle is established, then it would seem to apply to all legislation.
 

Catalpast

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Once again. Welcome to FUC*KIN PIGSTYLAND. Nasty little pigsty, nasty little Leprechauns.

I guess that's the last we'll see of even a hint of Anti-Corruption Legislation, eh?
The right to remain Silent

- should be sacrosanct!
 


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