McDowell proposes limit on right to silence

The Minister for Justice, Michael McDowell, has proposed placing significant limitations on the right to silence for individuals…

The Minister for Justice, Michael McDowell, has proposed placing significant limitations on the right to silence for individuals faced with serious criminal charges as part of a major package of measures aimed at tackling organised crime.

The proposal is part of 50 measures unveiled yesterday by Mr McDowell which he plans to bring before the Houses of the Oireachtas in two weeks, with a view to having them signed into law by Easter.

The package includes changes to detention laws to allow those arrested on suspicion of murder, firearm offences or kidnapping to be held for periods of up to seven days.

Mr McDowell said the package would also affect the right to silence.

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"The law in this area is being extended through allowing inferences from silences to be drawn in the case of all arrestable offences in line with the recommendations in the Balance in the Criminal Law Group's interim report."

The group, chaired by senior counsel and constitutional law expert Dr Gerard Hogan, was established last year by Mr McDowell to advise on whether some criminal legislation is balanced in favour of suspects and what changes should be introduced.

In relation to the right to silence, Mr McDowell said new cautions would be introduced "which will make it perfectly clear that withholding information in certain circumstances may be taken into account in determining guilt or innocence".

At present this provision applies only to serious terrorist offences.

A series of changes will also be introduced in relation to bail laws to allow for courts to take into account the evidence of a senior garda that bail should be refused because the officer believes the applicant is likely to commit a serious offence if released.

Jurisdiction for bail hearings will be given to the Circuit Court in a move to create what would become a special bail court.

Bail applicants will also have to provide a statement of assets, source of income and previous criminal record.

Measures based on US organised crime laws are also to be introduced.

These will provide that where a person convicted of firearms or gangland-related activity reoffends within seven years of release, the criminal will get an "enhanced" minimum sentence for the second offence.

"Crime prevention" orders will also be introduced, Mr McDowell said, which will require those on early release not to associate with certain individuals or in certain areas.

Those who breach any early-release conditions would be returned to jail to serve their full sentences, Mr McDowell said.

He is also proposing changes to minimum sentence legislation to clarify the current laws in order to reduce the numbers of convicted drug dealers who are not serving the minimum 10-year sentence. The legislation in this case involves a clearer restating of previous minimum sentencing laws.

New offences will also be created for people found with drug dealing equipment such as scales or money-counting machines.

The possession of significant amounts of cash that cannot be accounted for will also become a criminal offence.

A new DNA database will also be created, while laws on forensic samples will be changed to allow for the retention of fingerprints for indefinite periods.

"All suspects arrested for, or convicted of, serious offences will have samples taken," he said.