The right to refuse to answer a question in court
Information
If you are giving evidence (either during the examination or the cross-examination) in a court in Ireland, and you do not wish to answer a particular question, you must indicate to the judge that you are not prepared to answer the question and why.
Rules
There are very few circumstances where a judge will allow you to refuse to answer a question if it is relevant to the case. The right to refuse is known as a privilege:
- You have a "privilege against self-incrimination". This means that you can refuse to answer questions or hand over documents that may implicate you in criminal proceedings.
- You may have a "legal professional privilege". A legal advisor and his or her client cannot be forced to disclose communications between them. If any communication is made in contemplation of litigation (i.e., with a court case in mind), then that communication is also privileged.
- Priests are allowed to refuse to answer questions relating to what was said in the confessional. This is known as the "sacerdotal privilege". Similarly, communications with a counsellor may also be privileged.
When you have voiced your objection to answering a particular question, the judge will then decide whether you or not you must answer the question. If the judge decides that you cannot rely on a "privilege", then you must answer the question. If you fail to do so, you will be in contempt of court and you may be imprisoned.
Language
Related Documents
- Privileged evidence
There are circumstances under which you may refuse to disclose documents to a court in Ireland or may refuse to answer certain questions in court. - Right to silence in criminal cases
The Irish Constitution provides protection for everyone against self-incrimination. Find out more here. - Criminal Legal Aid
You must fulfil certain criteria to qualify for criminal legal aid. Find out about the cases where legal aid is granted and how to apply.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.