Section 5 provides for the drawing of adverse inferences in the prosecution of a person for any offence under the Offences Against the State Acts, any offence scheduled under the Acts or any offence arising out of the same set of facts as such an offence, provided the offence carries a penalty of five years of imprisonment or more. The effect of this section is to allow a court to draw inferences where the accused relies on a fact in his or her defence that he or she could reasonably have been expected to mention during questioning or on being charged but did not do so. This section was utilised on one occasion in the reporting period.