Offences Against the State (Amendment) Act, 1998
Criminal Law
30/06/1999
Practitioners are advised to exercise extreme caution when asked to attend on clients held under the above Act. Solicitors who are not thoroughly familiar with the implications of the Act for legal advisors are advised to consult with a colleague who has experience of the Act before attending on a client in custody. Particular difficulties arise for solicitors in relation to advising clients on the inferences which may be drawn under section 2 (membership of an unlawful organisation) and section 5 (failure to mention particular facts). It is important to note that certain provisions of the Act may be applied in circumstances where crimes other than subversive offences are under investigation.