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Withholding information regarding stolen property, etc.
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16.—(1) Where a member of the Garda Síochána—
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(a) has reasonable grounds for believing that an offence consisting of the stealing, fraudulent conversion, embezzlement or unlawful obtaining or receiving of money or other property has been committed,
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(b) finds any person in possession of any property,
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(c) has reasonable grounds for believing that the property referred to in paragraph (b) includes, or may include, the property referred to in paragraph (a) or part of it, or the whole or any part of the proceeds of that property or part, and
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(d) informs that person of his belief,
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he may require that person to give him an account of how he came by the property.
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(2) If that person fails or refuses, without reasonable excuse, to give such account or gives information that he knows to be false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both.
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(3) Subsection (2) shall not have effect unless the accused when required to give the account was told in ordinary language by the member of the Garda Síochána what the effect of the failure or refusal might be.
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(4) Any information given by a person in compliance with a requirement under subsection (1) shall not be admissible in evidence against that person or his spouse in any proceedings, civil or criminal, other than proceedings for an offence under subsection (2).
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