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A provision of the Immigration Act 2004 requiring non-Irish nationals to produce ID on demand is ruled unconstitutional by the High Court

Date Published: 04-04-2011

Section 12 of the Immigration Act 2004 has been ruled unconstitutional by the High Court. The section required non-Irish nationals to produce identity documents on demand by Gardaí, and made failure to do so without 'satisfactory explanation' a criminal offence. The President of the High Court held that while s. 12 was designed as an immigration control mechanism, its vagueness was such as to fail basic requirements for the creation of a criminal offence, and that, as drafted, it gave rise to arbitrariness and legal uncertainty.

For more information:

See E.D. v. Director of Public Prosecutions (aka Dokie)

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