- Dec 14, 2011
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”..