Criminal Law Act 1997

Penalty for concealing offence.

8

8.(1) Where a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed and that he or she has information which might be of material assistance in securing the prosecution or conviction of an offender for it, F4[accepts (or agrees to accept), whether in or outside the State, for not disclosing that information any consideration] other than the making good of loss or injury caused by the offence, or the making of reasonable compensation for that loss or injury, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years.

F5[(1A) A person shall be guilty of an offence under subsection (1) for conduct that the person engages in outside the State only if

(a) the conduct takes place on board an Irish ship,

(b) the conduct takes place on an aircraft registered in the State,

(c) the person is an Irish citizen, or

(d) the person is ordinarily resident in the State.]

(2) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

(3) The compounding of an offence shall not be an offence otherwise than under this section.

(4) The First Schedule to the Criminal Justice Act, 1951 (which specifies the indictable offences which may be tried summarily with the consent of the accused) is hereby amended by the insertion of the following reference:

“25. An offence under section 8 of the Criminal Law Act, 1997.”.

F6[(5) A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an offence under subsection (1) is, for the purposes of subsection (1A)(d), ordinarily resident in the State on the date of the commission of the offence.

(6) In this section "Irish ship" has the same meaning as it has in section 7.]

Annotations

Amendments:

F4

Substituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 19(3), commenced on enactment.

F5

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 19(4)(a), commenced on enactment.

F6

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 19(4)(b), commenced on enactment