Criminal Justice Act 1984

Withholding information regarding firearms or ammunition.

15

15. (1) Where a member of the Garda Síochána—

( a) finds a person in possession of any firearm or ammunition,

( b) has reasonable grounds for believing that the person is in possession of the firearm or ammunition in contravention of the criminal law, and

( c) informs that person of his belief,

he may require that person to give him any information which is in his possession, or which he can obtain by taking reasonable steps, as to how he came by the firearm or ammunition and as to any previous dealings with it, whether by himself or by any other person.

(2) If that person fails or refuses, without reasonable excuse, to give the information or gives information that he knows to be false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F46 [ 5,000 ] or to imprisonment for a term not exceeding twelve months or to both.

(3) Subsection (2) shall not have effect unless the accused when required to give the information was told in ordinary language by the member of the Garda Síochána what the effect of his failure or refusal might be.

(4) Any information given by a person in compliance with a requirement under subsection (1) shall not be admissible in evidence against that person or his spouse in any proceedings, civil or criminal, other than proceedings for an offence under subsection (2).

Annotations:

Amendments:

F46

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(c), S.I. No. 236 of 2007.

Editorial Notes:

E29

Previous affecting provision: subs. (2) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 62, S.I. No. 390 of 2006; superseded as per F-note above.