Criminal Justice (Drug Trafficking) Act, 1996

Inferences from failure of accused to mention particular facts.

7.—(1) Where in any proceedings against a person for a drug trafficking offence evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by—

(i) a member of the Garda Síochána, or

(ii) pursuant to regulations made under section 6 , an officer of customs and excise, within the meaning of that section,

endeavouring to ascertain whether an offence had been committed, or by whom, or

(b) when being charged with the offence or informed by—

(i) a member of the Garda Síochána, or

(ii) pursuant to the said regulations, a said officer of customs and excise,

that he or she might be prosecuted for it,

failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time he or she could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, 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 charged (or of any other offence of which he or she could lawfully be convicted on that charge) 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 which the failure is material, but a person shall not be convicted of an offence solely on an inference drawn from such failure.

(2) Subsection (1) shall not have effect unless the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of such 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 properly be drawn apart from this section.

(4) This section shall not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.