If you have information relevant to white collar or financial
crime and do not report it, you may be guilty of a criminal
offence.
The constitutionality of this type of offence was recently
upheld by the Supreme Court in Sweeney v Ireland which
concerned the obligation to report to the Gardaí information
about certain serious crimes. Mr Sweeney was interviewed multiple
times by the Gardaí in relation to a murder. He did not
disclose any information to the Gardaí and he was informed
that he had the right to remain silent. Mr Sweeney was charged with
failure to disclose information in relation to the murder. The High
Court found that this was unconstitutional as infringing the right
to silence and the certainty principle. This was overruled by the
Supreme Court which upheld the constitutionality of the offence,
but clarified that there is no obligation to report a crime if it
would compel a person to self-incriminate.
