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Offence of failing to disclose information concerning serious offence was not unconstitutional
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Supreme Court allows appeal from High Court, and sets aside a declaration of unconstitutionality concerning the offence of failing to disclose to the Garda Síochána information that might be of material assistance in securing the prosecution of another person for a serious offence, on the grounds that: (a) the offence was not vague in its terms; (b) it did not offend the principle against self-incrimination; and (c) the section ruled out those who had a 'reasonable excuse' for not coming forward.
Charleton J (nem diss): Obligation to provide assistance to authorities in investigation of serious and defined offences - section 9(1)(b) of the Offences Against the State (Amendment) Act 1998 - right to silence - uncertainty principle - constitutionality of obligation - direct appeal to Supreme Court - applicant charged with offence under the section - facts agreed between parties - offence of failure to disclose information that might be of material assistance in securing prosecution of another person - 'without reasonable excuse' - participation in a crime - analogous offences in other jurisdictions - 'misprision of felony' - concealing or procuring the concealment of a felony - vagueness - need for certainty in legislation - privilege against self-incrimination - Convention on Human Rights.
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