The Minister for Justice Michael McDowell said today the balance of justice may be too much in favour of the accused.
Speaking on RTE radio this afternoon Mr Mc Dowell said he was considering a reform of the criminal justice system following on from a conference held by the DPP which concluded that the laws regarding criminal trials need to change.
Referring to the right of the accused or suspect not to give evidence, he said: "No one is suggesting that a person be put on a rack and be tortured into making an admission or be punished for not saying something."
He explained: "Post-Omagh, we brought in emergency legislation as it was then called which allowed for inferences to be drawn from people's failure to give any account or give any reply to questions that were put to them during the course of questioning- which wouldn't be enough to convict them by themselves but could corroborate other evidence that was against them."
"The question is whether should that be extended more generally across the criminal landscape to serious cases like murder," he said.
Mr McDowell claimed there are 'huge pro-accused safeguards' which weren't put in place when some of the laws protecting the accused were written.
"Is it reasonable that somebody comes into court with the presumption of innocence but that he can't be asked basic questions about basic facts about his own credibility?" he said.
He added: "In nearly all of the gangland interviews and arrests I've been told by Gardai that nearly all the individuals stare at the wall for 24 or 48 hours refusing to answer any questions now that shouldn't be evidence of guilt but if there's other evidence available and that's been put to them,
why shouldn't that not be capable of corroborating the state's case."
Mr McDowell denied that change would be in contravention of human rights.