Criminal justice (withholding of information on offences against children and vulnerable persons) act 2012

• Enactment Date: 18 July 2012
• Act Number: 24

Number 24 of 2012
CRIMINAL JUSTICE (WITHHOLDING OF INFORMATION ON OFFENCES AGAINST CHILDREN AND VULNERABLE PERSONS) ACT 2012
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Offence of withholding information on certain offences against children.
3. Offence of withholding information on certain offences against vulnerable persons.
4. Defences to offence under section 2 or 3.
5. Prescribed organisations.
6. Prescribed persons.
7. Penalties.
8. Amendment of section 9 of Offences against the State (Amendment) Act 1998.
9. Amendment of section 16(2) of Criminal Justice (Female Genital Mutilation) Act 2012.
10. Orders.
11. Expenses.
12. Short title and commencement.
SCHEDULE 1
Offences against children for purposes of offence under section 2
SCHEDULE 2
Offences against vulnerable persons for purposes of offence under section 3
Acts Referred to
Child Trafficking and Pornography Act 1998 1998, No. 22 Children Act 2001 2001, No. 24 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 2010, No. 24 Criminal Justice Act 2006 2006, No. 26 Criminal Justice (Female Genital Mutilation) Act 2012 2012, No. 11 Criminal Law (Human Trafficking) Act 2008 2008, No. 8 Criminal Law (Rape) (Amendment) Act 1990 1990, No. 32 Criminal Law (Sexual Offences) Act 1993 1993, No. 20 Criminal Law (Sexual Offences) Act 2006 2006, No. 15 Criminal Law Act 1997 1997, No. 14 Health and Social Care Professionals Act 2005 2005, No. 27 Medical Practitioners Act 2007 2007, No. 25 Non-Fatal Offences against the Person Act 1997 1997, No. 26 Nurses and Midwives Act 2011 2011, No. 41 Offences against the State (Amendment) Act 1998 1998, No. 39 Punishment of Incest Act 1908 8 Edw. 7, c.45 Sexual Offences (Jurisdiction) Act 1996 1996, No. 38
Number 24 of 2012
CRIMINAL JUSTICE (WITHHOLDING OF INFORMATION ON OFFENCES AGAINST CHILDREN AND VULNERABLE PERSONS) ACT 2012
AN ACT TO PROVIDE, IN CONNECTION WITH THE PROTECTION OF CHILDREN AND CERTAIN VULNERABLE ADULTS, FOR OFFENCES OF WITHHOLDING INFORMATION RELATING TO THE COMMISSION OF CERTAIN ARRESTABLE OFFENCES (INCLUDING CERTAIN SEXUAL OFFENCES) AGAINST CHILDREN, OR CERTAIN ARRESTABLE OFFENCES (INCLUDING CERTAIN SEXUAL OFFENCES) AGAINST SUCH ADULTS, IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE AMENDMENT OF SECTION 9 OF THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT 1998; TO AMEND SECTION 16 OF THE CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012; AND TO PROVIDE FOR RELATED MATTERS.
[18th July, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.— (1) In this Act—
	“arrestable offence” has the meaning it has in section 2 of the Criminal Law Act 1997 ;
	“child” means a person who has not attained 18 years of age;
	“Minister” means the Minister for Justice and Equality;
	“prescribed” means prescribed by order made by the Minister under section 10 ;
	“Schedule 1 offence” means an offence that is an arrestable offence and is specified in Schedule 1 ;
	“Schedule 2 offence” means an offence that is an arrestable offence and is specified in Schedule 2 ;
	“vulnerable person” means a person (including, insofar as the offences specified at paragraph 8 of Schedule 2 are concerned, a child aged 17 years old)—
	(a) who—
	(i) is suffering from a disorder of the mind, whether as a result of mental illness or dementia, or
	(ii) has an intellectual disability,
	which is of such a nature or degree as to severely restrict the capacity of the person to guard himself or herself against serious exploitation or abuse, whether physical or sexual, by another person, or
	(b) who is suffering from an enduring physical impairment or injury which is of such a nature or degree as to severely restrict the capacity of the person to guard himself or herself against serious exploitation or abuse, whether physical or sexual, by another person or to report such exploitation or abuse to the Garda Síochána or both.
	(2) In this Act references to a Schedule 1 offence or a Schedule 2 offence shall include—
	(a) references to an offence of participating as an accomplice of a person who commits a Schedule 1 offence or a Schedule 2 offence, as the case may be, and
	(b) references to an offence of attempting or conspiring to commit, or inciting the commission of, a Schedule 1 offence or a Schedule 2 offence, as the case may be,
	but shall not include such an offence of participating, attempting, conspiring or inciting, as the case may be, if it is not an arrestable offence.
	(3) In this Act references to the commission of an offence against a child or vulnerable person shall, in the case of any of the offences of a sexual nature specified in Schedule 1 or Schedule 2 , include references to where the child or vulnerable person was the other party to the offence (other than the person who committed it).
	Offence of withholding information on certain offences against children.	2.— (1) Subject to this section, a person shall be guilty of an offence if—
	(a) he or she knows or believes that an offence, that is a Schedule 1 offence, has been committed by another person against a child, and
	(b) he or she has information which he or she knows or believes might be of material assistance in securing the apprehension, prosecution or conviction of that other person for that offence,
	and fails without reasonable excuse to disclose that information as soon as it is practicable to do so to a member of the Garda Síochána.
	(2) Subsection (1) applies only to information that a person acquires, receives or becomes aware of after the passing of this Act irrespective of whether the Schedule 1 offence concerned was committed before or after that passing.
	(3) The child against whom the Schedule 1 offence concerned was committed (whether or not still a child) shall not be guilty of an offence under this section.
	(4) This section is without prejudice to any right or privilege that may arise in any criminal proceedings by virtue of any rule of law or other enactment entitling a person to refuse to disclose information.
	(5) For the avoidance of doubt it is hereby declared that the obligation imposed on a person by subsection (1) to disclose information that he or she has to a member of the Garda Síochána is in addition to, and not in substitution for, any other obligation that the person has to disclose that information to the Garda Síochána or any other person, but that subsection shall not require the first-mentioned person to disclose that information to the Garda Síochána more than once.
	Offence of withholding information on certain offences against vulnerable persons.	3.— (1) Subject to this section, a person shall be guilty of an offence if—
	(a) he or she knows or believes that an offence, that is a Schedule 2 offence, has been committed by another person against a vulnerable person, and
	(b) he or she has information which he or she knows or believes might be of material assistance in securing the apprehension, prosecution or conviction of that other person for that offence,
	and fails without reasonable excuse to disclose that information as soon as it is practicable to do so to a member of the Garda Síochána.
	(2) Subsection (1) applies only to information that a person acquires, receives or becomes aware of after the passing of this Act irrespective of whether the Schedule 2 offence concerned was committed before or after that passing.
	(3) The vulnerable person against whom the Schedule 2 offence concerned was committed (whether or not still a vulnerable person) shall not be guilty of an offence under this section.
	(4) This section is without prejudice to any right or privilege that may arise in any criminal proceedings by virtue of any rule of law or other enactment entitling a person to refuse to disclose information.
	(5) For the avoidance of doubt it is hereby declared that the obligation imposed on a person by subsection (1) to disclose information that he or she has to a member of the Garda Síochána is in addition to, and not in substitution for, any other obligation that the person has to disclose that information to the Garda Síochána or any other person, but that subsection shall not require the first-mentioned person to disclose that information to the Garda Síochána more than once.
	Defences to offence under section 2 or 3.	4.— (1) Subject to this section, in any proceedings for an offence under section 2 or 3 , it shall be a defence for the accused person to show—
	(a) that the child or vulnerable person against whom the Schedule 1 offence or the Schedule 2 offence, as the case may be, concerned was committed made known his or her view (provided that he or she was capable of forming a view on the matter) that the commission of that offence, or information relating to it, should not be disclosed to the Garda Síochána, and
	(b) that he or she (the accused person) knew of and relied upon that view.
	(2) Without prejudice to the right of the child or vulnerable person against whom the Schedule 1 offence or the Schedule 2 offence, as the case may be, concerned was committed to disclose the commission of that offence, or information relating to it, to the Garda Síochána, it shall be presumed for the purposes of subsection (1), unless the contrary is shown, that if—
	(a) the child concerned has not attained the age of 14 years, or
	(b) the vulnerable person concerned falls under paragraph (a) of the definition of vulnerable person in section 1 (1) (whether or not he or she also falls under paragraph (b) of that definition),
	he or she does not have the capacity to form a view as to whether the commission of that offence, or...