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High Court refuses reliefs sought in judicial review proceedings concerning the constitutionality of firearms legislation, finding that the provision is a proportionate legislative response to the objective it seeks to achieve and the limitation it imposes on the right to silence of the accused could not be said to be oppressive, arbitrary or more than minimal.
Criminal law – judicial review – constitutionality of s.9 (6) of the Firearms and Offensive Weapons Act 1990 – Articles 38.1 and 40.4.1 of the Constitution of Ireland – s. 5 of the European Convention on Human Rights Act 2003 – adverse inference from the silence of an accused – "adequate explanation" – delay – whether shifting the evidential burden was permissible – proportionality – not incompatible with the Constitution or the European Convention on Human Rights – reliefs refused.
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