(1) Where in any proceedings against a person for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 evidence is given that the defendant at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or subject to the judge’s directions, the jury) in determining whether the defendant is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure.

(2) Subsection (1) shall not have effect unless -

(a) the defendant was told in ordinary language when being questioned what the effect of such a failure might be, and

(b) the defendant was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.

(3) Nothing in this section shall, in any proceedings -