McDowell unveils 'severe' anti-crime measures

The Government is to introduce new restrictions on an individual's right to silence as part of a package of measures designed…

The Government is to introduce new restrictions on an individual's right to silence as part of a package of measures designed to counter gangland activity.

Minister for Justice, Equality and Law Reform Michael McDowell announced details of the measures today after announcing that the Government had agreed to implement the package which it hopes will be in place by Easter.

The detention period for people suspected of involvement in serious crime will be extended as part of the plan.

the Government has decided that it must introduce legislation which, although severe, is proportionate to the threat we face
Tánaiste Michael McDowell

Those suspected of murder involving use of a firearm, use of a firearm with intent to endanger life, so-called 'tiger' kidnappings and similar activities will be subject to detention for a period of up to seven days under the proposed legislation.

READ MORE

The proposed legislation will restrict a suspect's right to silence and will allow an inference to be taken if a suspect chooses to exercise his or her right to remain silent.

Bail and sentencing laws are also being targetted in the legislation. A DNA database will be created and the law on the retention of fingerprint and other samples will allow for the indefinite retention of those samples, along the same lines as with the DNA samples.

Part of the package proposes the introduction of a US-style measure where someone who has served a prison sentence for a certain offence will get an "enhanced sentence" for a second similar offence if he is convicted within 7 years of release from prison.

Speaking at the publication of the draft legislation, the Tánaiste said "I have already said that the threat posed by crime gangs represents one of the greatest threats to our society since the advent of paramilitarism in the 1970s."

"It is against that background that the Government has decided that it must introduce legislation which, although severe, is proportionate to the threat we face."

"The proposed legislation - combating the abuse of bail, increasing detention periods, restricting the right to silence, lengthening the sentences to be served and providing for the enhanced use of forensic science - is one of the most comprehensive anti-crime legislative packages ever brought forward,"  he said.

"It is no use willing the end of gangland activities unless we will the means. This legislation, together with other measures which have been taken such as our recent decision to dramatically expand the number of judges and the unprecedented level of resources being made available to the criminal justice system, provide those means."