Offences Against the State (Amendment) Act, 1998

• Jurisdiction: Ireland
• Citation: IR No. 39/1998

Number 39 of 1998
OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Membership of an unlawful organisation: inferences that may be drawn. 3. Notification of witnesses. 4. Amendment of section 3 of Offences against the State (Amendment) Act, 1972. 5. Inferences from failure of accused to mention particular facts. 6. Directing an unlawful organisation. 7. Possession of articles for purposes connected with certain offences. 8. Unlawful collection of information. 9. Withholding information. 10. Extension of period of detention under section 30 of Act of 1939. 11. Rearrest under section 30 of Act of 1939. 12. Training persons in the making or use of firearms, etc. 13. Provision in relation to section 52 of Act of 1939. 14. Offences under Act to be scheduled offences. 15. Penalties for certain offences. 16. Amendment of Schedule to Bail Act, 1997. 17. Forfeiture of property. 18. Duration of certain sections. 19. Short title, construction and collective citation.
Acts Referred to Bail Act, 1997 1997, No. 16 Criminal Justice Act, 1984 1984, No. 22 Criminal Justice Act, 1994 1994, No. 15 Criminal Law (Jurisdiction) Act, 1976 1976, No. 14 Explosive Substances Act, 1883 46 & 47 Vict., c.3 Explosives Act, 1875 38 & 39 Vict., c.17 Firearms Act, 1925 1925, No. 17 Firearms Act, 1964 1964, No. 1 Firearms Acts, 1925 to 1990 Offences against the State Act, 1939 1939, No. 13 Offences against the State (Amendment) Act, 1972 1972, No. 26 Offences against the State Acts, 1939 to 1985
Number 39 of 1998
OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998
AN ACT TO AMEND AND EXTEND THE OFFENCES AGAINST THE STATE ACTS, 1939 TO 1985, AND CERTAIN OTHER ENACTMENTS RELATING TO CRIMINAL LAW AND TO PROVIDE FOR RELATED MATTERS. [3rd September, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“the Act of 1939” means the Offences against the State Act, 1939 ;
	“the Acts” means the Offences against the State Acts, 1939 to 1998;
	“explosive” means an explosive within the meaning of the Explosives Act, 1875 , and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act, 1883 ;
	“firearm” has the same meaning as it has in the Firearms Acts, 1925 to 1990.
	(2) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended.
	(3) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	(4) A reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment, including this Act.
	Membership of an unlawful organisation: inferences that may be drawn.	2.—(1) Where in any proceedings against a person for an offence under section 21 of the Act of 1939 evidence is given that the accused at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or subject to the judge's directions, the jury) in determining whether the accused is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely on an inference drawn from such a failure.
	(2) Subsection (1) shall not have effect unless the accused was told in ordinary language when being questioned what the effect of such a failure might be.
	(3) Nothing in this section shall, in any proceedings—
	(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or
	(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could be properly drawn apart from this section.
	(4) In this section—
	(a) references to any question material to the investigation include references to any question requesting the accused to give a full account of his or her movements, actions, activities or associations during any specified period,
	(b) references to a failure to answer include references to the giving of an answer that is false or misleading and references to the silence or other reaction of the accused shall be construed accordingly.
	(5) This section shall not apply in relation to failure to answer a question if the failure occurred before the passing of this Act.
	Notification of witnesses.	3.—(1) In proceedings for an offence under section 21 of the Act of 1939 the accused shall not without the leave of the court call any other person to give evidence on his or her behalf unless, before the end of the prescribed period, he or she gives notice of his or her intention to do so.
	(2) Without prejudice to subsection (1), in any such proceedings the accused shall not without the leave of the court call any other person (in this section referred to as “the witness”) to give such evidence unless—
	(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he or she gives the notice, any information in his or her possession which might be of material assistance in finding the witness,
	(b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,
	(c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he or she gives notice forthwith of the name, address or other information, as the case may be, and
	(d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given, he or she gives notice forthwith of any such information which is then in his or her possession or, on subsequently receiving any such information, gives notice of it forthwith.
	(3) The court shall not refuse leave under this section if it appears to the court that the accused was not informed of the requirements of this section—
	(a) by the District Court when he or she was sent forward for trial, or
	(b) by the trial court when, on being sent forward by the District Court for sentence, he or she changed his or her plea to one of not guilty, or
	(c) where he or she was brought before a Special Criminal Court for trial under section 47 of the Act of 1939, by the Court when it fixed the date of trial.
	(4) Any notice purporting to be given under this section on behalf of the accused by his or her solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
	(5) A notice under subsection (1) shall either be given in court during, or at the end of, the preliminary examination of the offence concerned or be given in writing to the solicitor for the prosecution, and a notice under paragraph (c) or (d) of subsection (2) shall be given in writing to that solicitor.
	(6) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or her or by leaving it at his or her office or by sending it to him or her by registered post at his or her office.
	(7) In this section “the prescribed period” means—
	(a) the period of 14 days from the end of the preliminary examination referred to in subsection (5), or
	(b) where the accused waives a preliminary examination, the period of 14 days from the date of the waiver, or
	(c) where the accused, on being sent forward for sentence, changes his or her plea to one of not guilty, the period of 14 days from the date on which he or she does so, or
	(d) where the accused is brought before a Special Criminal Court for trial under section 47 of the Act of 1939, such period as is fixed by the Court when the Court fixes the date of trial.
	(8) This section shall not apply in respect of any person whom the accused intends to call to give evidence on his or her behalf solely in relation to the matter of sentence in the event that the accused is convicted of the offence concerned.
	(9) This section shall not apply in relation to proceedings referred to in subsection (1) commenced before the passing of this Act and for the purposes of this subsection proceedings referred to in subsection (1) are commenced when the accused is first brought before a court charged with the offence concerned or, as the case may be, is charged before a court with the offence concerned.
	Amendment of section 3 of Offences against the State (Amendment) Act, 1972 .	4.— Section 3 of the Offences against the State...