Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

7

Penalties.

7.— A person guilty of an offence under section 2 or 3 shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment or both according to the gravity of the Schedule 1 offence or Schedule 2 offence, as the case may be, concerned in respect of which the person failed to disclose information that he or she had as soon as it was practicable to do so to a member of the Garda Síochána, in the following manner:

(i) if the Schedule 1 offence or Schedule 2 offence, as the case may be, concerned is one for which the maximum sentence is imprisonment for life, he or she shall be liable to imprisonment for a term not exceeding 10 years;

(ii) if it is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of 14 years, he or she shall be liable to imprisonment for a term not exceeding 7 years;

(iii) if it is not one included in subparagraph (i) or (ii) but is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of 10 years, he or she shall be liable to imprisonment for a term not exceeding 5 years;

(iv) in any other case, he or she shall be liable to imprisonment for a term not exceeding 3 years.

Annotations:

Editorial Notes:

E13

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by FInes Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.