Garda Reserve Duties & Powers

TheBigLt · 24-09-2011 12:43am

TylerIE wrote: »

Munsters on the ball

Assaulting a Peace Officer is an offence under S19(1) of the Criminal Justice (Public Order Act), 1994. It is made an arrestable offence under S19(2), and its subsequent amendments. Mere obstruction is not an arrestable offence.

While it seems to be rarely utilised its worth noting that S185 of the Criminal Justice Act 2006 also expands upon the definition of Peace Officer to include Ambulance Personnel and members of the Fire Brigade, and also makes it an offence to assault a person providing medical services at a hospital or someone assisting such a person. Medical services includes a number of professions.

Edit: I see the above was since asked and answered by the asker, but I think its useful to know...

I'm pretty sure obstructing a peace officer from carrying out his/her duties or those assisting him/her is an arrestable offence. Well thats what i gather from this >
Assault or obstruction of a peace officer

Section 19 of the Criminal Justice (Public Order) Act 1994 defines a “Peace Officer” means a member of the Garda Siochana, a Prison Officer or a member of the Defence Forces. Section 185 of the Criminal Justice Act 2006 (pdf) has extended this definition to ambulance personnel and fire brigade personnel. The offence replaces the old offence of assaulting or obstructing a peace officer which was contained in section 38 of the Offences against the Person Act, 1861. The important elements of this offence are as follows:

That the assault was on a peace officer acting in the execution of their duty, or
That the assault was on any other person who was aiding or assisting the peace officer, or
That the assault on any other person was to prevent the lawful arrest or detention of himself or of any other person for any offence.

Similarly, a person will be guilty of the offence if they wilfully obstruct a peace officer acting in the course of their duty or obstructs any person who is assisting or helping the peace office in the course of their duty. The most interesting aspect to the punishment for assault is that the accused person is given a choice as to whether or not to have their case dealt with in the District Court or to have the case dealt with in the Circuit Criminal Court before a jury.

TheBigLt · 24-09-2011 12:44am

munster4868 wrote: »

Incorrect- relating to trainee Garda

Ok not months but a hell of a lot more time than Reserves do.

TylerIE · 24-09-2011 1:41am

TheBigLt wrote: »

I'm pretty sure obstructing a peace officer from carrying out his/her duties or those assisting him/her is an arrestable offence. Well thats what i gather from this >

19.3 of the 1994 act related to Obstruction as opposed to assault. The 2006 act just increased the fine, the sentence from 1994 for 19.3 (obstruction) was the fine or imprisonment for 6 months or both.

If the imprisonment is only for 6 months its not an arrestable offence under Section 4(3) of the Criminal Law Act 1997...

Therefore assault of a peace officer (or a person assisting a peace officer) is arrestable. Mere obstruction is not.

munster4868 · 24-09-2011 8:44am

TheBigLt wrote: »

Ok not months but a hell of a lot more time than Reserves do.

No trainee gardas have NO powers !

TheBigLt · 24-09-2011 10:47am

munster4868 wrote: »

No trainee gardas have NO powers !

Ok relax with the whole powers thing,the point i'm making is they don't go on IP but they get a lot of experience on foot patrol so they have the experience for when they graduate. Thats the point i'm trying to make. After thirty something weeks gardai have certain powers so i was told,may be incorrect but thats what i was told.

munster4868 · 24-09-2011 11:41am

TheBigLt wrote: »

Ok relax with the whole powers thing,the point i'm making is they don't go on IP but they get a lot of experience on foot patrol so they have the experience for when they graduate. Thats the point i'm trying to make. After thirty something weeks gardai have certain powers so i was told,may be incorrect but thats what i was told.

I am relaxed... Just correcting your incorrect posts... That's all..
Oh, your wrong on this post also!

Dan1994 · 24-09-2011 11:58am

chill lads we're all friends here

munster4868 · 24-09-2011 6:06pm

TylerIE wrote: »

We agree on the latter, and I have little doubt we have similar views on the wisdom of the GRA.

No what I am saying is that is their argument .... I don't agree with it as as I see it IP for reserves would free up a full time member to do other work (investigations specialist units etc)... Also, I believe most admin work (files etc) should be done by cilvil servants those freeing up the force for more policing... But I feel sometimes that people can't or won't think outside the box..

TheBigLt · 25-09-2011 4:41pm

So trainee gardai don't go on foot patrol when assigned to a station? Anyway gone off the point,i can't see Ip for the reserves because as it stands they haven't enough powers to control a situation so they wouldn't be equiped to handle a situation if two reserves were together on patrol. So unless they are given greater power they will remain patrolling with a full time member.

munster4868 · 25-09-2011 4:51pm

TheBigLt wrote: »

So trainee gardai don't go on foot patrol when assigned to a station? Anyway gone off the point,i can't see Ip for the reserves because as it stands they haven't enough powers to control a situation so they wouldn't be equiped to handle a situation if two reserves were together on patrol. So unless they are given greater power they will remain patrolling with a full time member.

Trainee gardas do go on patrol among other things they undergo as part of their training... What I was saying is that trainee (student) gardas have no powers - zero (you brought up this subject not I). As far as IP goes for reserves I do believe that nobody suggested that reserves wanted to go on IP before their limited powers were adressed first (a bit silly to go on IP when you really can't do much in the line of powers), so yes until their powers are addressed first IP will be a distant dream! I speek as a reserve for 4.5 years. What experience in the reserves do you have?

TheBigLt · 28-09-2011 5:34pm

munster4868 wrote: »

Trainee gardas do go on patrol among other things they undergo as part of their training... What I was saying is that trainee (student) gardas have no powers - zero (you brought up this subject not I). As far as IP goes for reserves I do believe that nobody suggested that reserves wanted to go on IP before their limited powers were adressed first (a bit silly to go on IP when you really can't do much in the line of powers), so yes until their powers are addressed first IP will be a distant dream! I speek as a reserve for 4.5 years. What experience in the reserves do you have?

Personally as of yet none,but with a number of close relations being full time members i get enough info here and there. Would it be possible for IP for reserves as it stands,I know they wouldn't have enough powers but presence and more boots on the ground in a wider area could be a benefit,quicker response in some situations maybe

munster4868 · 28-09-2011 5:45pm

TheBigLt wrote: »

Personally as of yet none,but with a number of close relations being full time members i get enough info here and there. Would it be possible for IP for reserves as it stands,I know they wouldn't have enough powers but presence and more boots on the ground in a wider area could be a benefit,quicker response in some situations maybe

Nope.. not in current set up

kerry4sam · 28-09-2011 9:27pm

westcoastboy wrote: »

The reason reserves have no powers beyond road traffic ones.( I.e. demanding to see driver licences. Insurance demands. Tax etc.. we can drive siesed cars.. done it. We can restrain prisoners.). is that the govt hasn't given us more power's.
Not the reserve's fault or AGS s fault
And whether some (and i mean its only some) full-timers don't like it, we're sworn in members of AGS..they've trained us in the use of the ASP,pepper spray,handcuffs, we're expected to use them in the appropriate situation. So ya we're authorised to use them.. we're expected to maintain the same standards as fulltimers.
IP would be a big help to the Guards..more manpower.. but on a Friday or Saturday night, you always have two person beats,regardless of full-time or part-time...
Public order power would be an Asset, as from what i have seen in Court, the two times i have been there, i could be wrong, the prosecuting guard doesn't have to be there that arrested the Guy for Public Order offences, when the guy is appearing in Court..
So we can still be in work, while the case is heard... i stand to correction...

Thanks westcoastboy for this informative reply.

I'm asking everyone now though to please take a breather & small step back from this topic.

Thanks,
kerry4sam

A.G.S · 06-12-2011 3:02pm

With Garda numbers low and reserve gardai being utilised more. Could reserve garda's be given independent patrol status when on the beat like the specials? would love to see powers expand within reason of course.

ZoneAlarm · 06-12-2011 3:42pm

No wont happen.

1rishguy · 14-01-2012 8:28pm

donvito99 wrote: »

Ive heard that Garda Reservists can only arrest under the Criminal Law Act 1997. Is that alot of arrestable offences?

And do Reservists carry batons/ASPs?

http://www.justice.ie/en/JELR/Garda%20Reserve.pdf/Files/Garda%20Reserve.pdf

msg11 · 14-01-2012 8:40pm

1rishguy wrote: »

http://www.justice.ie/en/JELR/Garda%20Reserve.pdf/Files/Garda%20Reserve.pdf

Good booklet, that middle picture on page 3 is

..

kerry4sam · 14-01-2012 9:13pm

1rishguy wrote: »

http://www.justice.ie/en/JELR/Garda%20Reserve.pdf/Files/Garda%20Reserve.pdf

That post you quoted was from 2008 when the Garda Reserves was a fairly new concept.

Although, it still is a fairly new concept to some people, even in 2012 so cheers for posting that link

Sgt. Bilko 09 · 21-06-2012 2:24pm

new powers article from the times

http://www.irishtimes.com/newspaper/ireland/2012/0621/1224318356685.html

Raider190 · 24-06-2012 7:53pm

Well girls and boys , the new powers are on the way. No doubt that it will make us all more productive and able to assist our full time colleagues. Its good to hear that we are appreciated and that all our our hard work has not been in vain.

(Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael) Link to this
I have been informed by the Garda authorities that as of 31 May 2012, the latest date for which figures are readily available, the strength of the Garda Reserve was 918, with a further 225 in training. The moratorium on public service recruitment does not apply to members of the Garda Reserve as they are volunteers and recruitment to the reserve is ongoing.
The target strength of the Garda Reserve is 10% of the full-time force and I would like to assure the House that the Government is fully committed to its continued development. Members of the Garda Reserve make a hugely valuable contribution to policing. They are drawn from a variety of backgrounds and professions and currently include representatives of 27 different countries.
The Garda Reserve has a wide range of duties which include foot patrols, road traffic checkpoint duties, community-neighbourhood policing and station duty, other than the care and custody of prisoners. They assist in the policing of public events and also at the scenes of accidents, fires and major emergencies.
The Garda Commissioner has carried out a review of the role and functions of the Garda Reserve and arising from that, is introducing new measures to enhance the operation of the reserve. These include the extension of the functions of the Garda Reserve to the exercise of powers under the Criminal Justice (Public Order) Acts and section 41 of the Road Traffic Acts in relation to the seizure of vehicles.
Training on these and other matters, such as dealing with domestic violence, child protection and conflict resolution, is being organised for serving and recruit members of the Garda Reserve and will commence later this year. Garda Reserve members will also be issued with TETRA radios when going on duty.
I would like to place on record my appreciation of the members of the reserve who give of their time on a voluntary basis and for their ongoing commitment to the Garda Síochána.

bluetop · 25-06-2012 7:23pm

Raider190 wrote: »

Well girls and boys , the new powers are on the way. No doubt that it will make us all more productive and able to assist our full time colleagues. Its good to hear that we are appreciated and that all our our hard work has not been in vain.

(Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael) Link to this
I have been informed by the Garda authorities that as of 31 May 2012, the latest date for which figures are readily available, the strength of the Garda Reserve was 918, with a further 225 in training. The moratorium on public service recruitment does not apply to members of the Garda Reserve as they are volunteers and recruitment to the reserve is ongoing.
The target strength of the Garda Reserve is 10% of the full-time force and I would like to assure the House that the Government is fully committed to its continued development. Members of the Garda Reserve make a hugely valuable contribution to policing. They are drawn from a variety of backgrounds and professions and currently include representatives of 27 different countries.
The Garda Reserve has a wide range of duties which include foot patrols, road traffic checkpoint duties, community-neighbourhood policing and station duty, other than the care and custody of prisoners. They assist in the policing of public events and also at the scenes of accidents, fires and major emergencies.
The Garda Commissioner has carried out a review of the role and functions of the Garda Reserve and arising from that, is introducing new measures to enhance the operation of the reserve. These include the extension of the functions of the Garda Reserve to the exercise of powers under the Criminal Justice (Public Order) Acts and section 41 of the Road Traffic Acts in relation to the seizure of vehicles.
Training on these and other matters, such as dealing with domestic violence, child protection and conflict resolution, is being organised for serving and recruit members of the Garda Reserve and will commence later this year. Garda Reserve members will also be issued with TETRA radios when going on duty.
I would like to place on record my appreciation of the members of the reserve who give of their time on a voluntary basis and for their ongoing commitment to the Garda Síochána.

Now lets see how long it will be for the training to commence, they might have announced the new powers, sure it could take another year for the training even to start, you and me both know how slow the wheels in AGS turn, and they are at a snail pace, it only took them 6yrs to get the reserve rank up on their website

When the training begins that is when we all know its truly happening, until then its all talk, and pure PR we all know they love to talk in the Dail.

Sgt. Bilko 09 · 25-06-2012 8:58pm

bluetop wrote: »

Now lets see how long it will be for the training to commence, they might have announced the new powers, sure it could take another year for the training even to start, you and me both know how slow the wheels in AGS turn, and they are at a snail pace, it only took them 6yrs to get the reserve rank up on their website

When the training begins that is when we all know its truly happening, until then its all talk, and pure PR we all know they love to talk in the Dail.

Training has already begun for these new powers mate

blueforce · 25-06-2012 9:31pm

Sgt. Bilko 09 wrote: »

Training has already begun for these new powers mate

What kind of training has begun? Trainers or Reserves?

bluetop · 25-06-2012 11:46pm

Sgt. Bilko 09 wrote: »

Training has already begun for these new powers mate

Since when have they commenced, is it in the collage or local training, how come nobody has been notified about it. ?

Yogi Bear · 26-06-2012 10:50am

bluetop wrote: »

Since when have they commenced, is it in the collage or local training, how come nobody has been notified about it. ?

I think anyone on Phase 2 in Templemore for the two weeks are getting trained in the new powers at present.

I wonder will the training be in local Division CPD schools or will we all have to go to templemore for a few days.

Yogi Bear · 22-08-2012 4:30pm

It's two months since it was announced that we are getting new powers . Anyone had any word on what happening with training or any info at all.............:rolleyes:

bluetop · 22-08-2012 9:41pm

Sgt. Bilko 09 wrote: »

Training has already begun for these new powers mate

Looks like the training never got off the ground for this one !!

bluetop · 22-08-2012 9:47pm

Raider190 wrote: »

Well girls and boys , the new powers are on the way. No doubt that it will make us all more productive and able to assist our full time colleagues. Its good to hear that we are appreciated and that all our our hard work has not been in vain.

(Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael) Link to this
I have been informed by the Garda authorities that as of 31 May 2012, the latest date for which figures are readily available, the strength of the Garda Reserve was 918, with a further 225 in training. The moratorium on public service recruitment does not apply to members of the Garda Reserve as they are volunteers and recruitment to the reserve is ongoing.
The target strength of the Garda Reserve is 10% of the full-time force and I would like to assure the House that the Government is fully committed to its continued development. Members of the Garda Reserve make a hugely valuable contribution to policing. They are drawn from a variety of backgrounds and professions and currently include representatives of 27 different countries.
The Garda Reserve has a wide range of duties which include foot patrols, road traffic checkpoint duties, community-neighbourhood policing and station duty, other than the care and custody of prisoners. They assist in the policing of public events and also at the scenes of accidents, fires and major emergencies.
The Garda Commissioner has carried out a review of the role and functions of the Garda Reserve and arising from that, is introducing new measures to enhance the operation of the reserve. These include the extension of the functions of the Garda Reserve to the exercise of powers under the Criminal Justice (Public Order) Acts and section 41 of the Road Traffic Acts in relation to the seizure of vehicles.
Training on these and other matters, such as dealing with domestic violence, child protection and conflict resolution, is being organised for serving and recruit members of the Garda Reserve and will commence later this year. Garda Reserve members will also be issued with TETRA radios when going on duty.
I would like to place on record my appreciation of the members of the reserve who give of their time on a voluntary basis and for their ongoing commitment to the Garda Síochána.

Looks like i was right in what i said the wheels turn slowly, they have not turned at all in the last 2 months, looks like this was a PR stunt to either keep the punters happy or the Reserves, my guess it was the reserves as there are a lot quitting due to lack of utilisation and lack of training.

WilcoOut · 22-08-2012 9:49pm

bluetop wrote: »

there are a lot quitting due to lack of utilisation and lack of training.

amen to that

1rishguy · 03-09-2012 9:20pm

Does anyone know if you go over the 40 Hrs between College and Attestation in the reserve, will these go towards the 208 required. Yes this is a different thread I realise.

Myrddin · 03-09-2012 9:22pm

1rishguy wrote: »

Does anyone know if you go over the 40 Hrs between College and Attestation in the reserve, will these go towards the 208 required. Yes this is a different thread I realise.

I think only the 40 count, anything over is not considered part of the 208

1rishguy · 03-09-2012 9:27pm

EnterNow wrote: »

I think only the 40 count, anything over is not considered part of the 208

So after Graduation is when any extra is taken into account?

Myrddin · 03-09-2012 9:45pm

1rishguy wrote: »

So after Graduation is when any extra is taken into account?

After graduation, you'll be required to do a further 70/80 hours to meet your 208...regardless of how many you've done during your station training phase

TylerIE · 03-09-2012 11:21pm

EnterNow wrote: »

1rishguy wrote: »

Does anyone know if you go over the 40 Hrs between College and Attestation in the reserve, will these go towards the 208 required. Yes this is a different thread I realise.

I think only the 40 count, anything over is not considered part of the 208

OP only the 40 count. Some people did over 100 hours but it doesn't count towards the 208.

All Hours worked after being attested do count to the 208.

GRHopefull · 24-09-2012 3:37pm

TylerIE wrote: »

OP only the 40 count. Some people did over 100 hours but it doesn't count towards the 208.

All Hours worked after being attested do count to the 208.

Hi All,

I've completed over 140 hours but the majority of them were during phase 4 training in the station. I've volunteered to work weekends coming up in order to get my 208 hrs completed but the station has so many reserves it's hard to get in during the weekends to work (midweek working in the station is not an option).

Also I'm asking the question, should a reserve member miss the 208hrs when the 1yrs falls due can any hours worked after the 1yrs is up be backdated to form part of the no. of hours needed to achieve the initial 208 hrs (within reason.... by a week or two)

Thanks,

TylerIE · 24-09-2012 4:08pm

GRHopefull wrote: »

TylerIE wrote: »

OP only the 40 count. Some people did over 100 hours but it doesn't count towards the 208.

All Hours worked after being attested do count to the 208.

Hi All,

I've completed over 140 hours but the majority of them were during phase 4 training in the station. I've volunteered to work weekends coming up in order to get my 208 hrs completed but the station has so many reserves it's hard to get in during the weekends to work (midweek working in the station is not an option).

Also I'm asking the question, should a reserve member miss the 208hrs when the 1yrs falls due can any hours worked after the 1yrs is up be backdated to form part of the no. of hours needed to achieve the initial 208 hrs (within reason.... by a week or two)

Thanks,

With your 140 hours I assume your excluding training. With your training hours added to whatever you did outside phase IV you should be near the 208.

If they miss the 208 the allowance for that year is missed. Locally your Sgt may possibly be able to review your hours with you if your only a few hours short (perhaps you had to stay on late with incidents to the end of a tour etc... Also if your in your first year it really should not be difficult to clock up 50 hours - its 5 full tours. If its an issue of your being let go home early at 4am or whatever on a night perhaps explain that you need the hours or if you do a weekend late ask your sgt if you can ask the night sgt if you can stay on with them for a while to clock up hours.

Or look to do a few half shifts from 5-10 pm in weekday evenings. Some stations will be delighted to have help in Public Office during this, particularly at the beginning of the month when people have tax forms etc.

Myrddin · 24-09-2012 4:59pm

GRHopefull wrote: »

Hi All,

I've completed over 140 hours but the majority of them were during phase 4 training in the station.

In the first year, 140 of the required 208 are taken up by your training phases. You can't start clocking up more hours until after your attested, so basically between attestation & the end of your first year you need to do 70 hours

GRHopefull · 03-10-2012 1:58pm

EnterNow wrote: »

In the first year, 140 of the required 208 are taken up by your training phases. You can't start clocking up more hours until after your attested, so basically between attestation & the end of your first year you need to do 70 hours

Thanks for the advise.

I've contacted my station to try and get the additional hours needed but have been advised on more than one occassion (over past few weeks) we (reserves) are not needed as the area is gone very quite.

In view of this, I was asking the question should my year come around and I submit my 208 hrs after the year has gone would the late submission of hours be backdated to the year applicable.

I appreciate any advise on this as previously I've read should any reserve miss the year end deadline even by 1 hrs they may not/don't get the yearly allowance.

TylerIE · 03-10-2012 2:43pm

E

GRHopefull wrote: »

EnterNow wrote: »

In the first year, 140 of the required 208 are taken up by your training phases. You can't start clocking up more hours until after your attested, so basically between attestation & the end of your first year you need to do 70 hours

Thanks for the advise.

I've contacted my station to try and get the additional hours needed but have been advised on more than one occassion (over past few weeks) we (reserves) are not needed as the area is gone very quite.

Transfer. Sounds like your station is not very supportive. Contact The Reserve Office in Garda Headquarters and find a station where reserves are wanted.

I know three stations that are on a weekly basis asking reserves to come in.

There's no reason for them to say your not needed - they should be able to take you in as third person in car or to put an extra person with a member on beat, or if it's that quiet even doing high vis patrols, com pol, or checkpoints.

You need your 208 in the year so any after the year end don't count.

Myrddin · 03-10-2012 2:53pm

TylerIE wrote: »

Transfer.

Seconded

bluetop · 03-10-2012 4:27pm

GRHopefull wrote: »

Thanks for the advise.

I've contacted my station to try and get the additional hours needed but have been advised on more than one occassion (over past few weeks) we (reserves) are not needed as the area is gone very quite.

May i ask who told you this, was it a regular member or was it your Sgt, as has been said either move to another unit, or move stations, is there any other reserve members in that station you are in that you have met, maybe ask them what the score is regarding what was said to you, and see if the same message was given to them.

Some stations dont want reserves because then a full time member has to go on the beat, which some dont like they would prefer to be in the comfort of the station or the car, that is why if you come in one of them will be sent out with you on the beat.

WilcoOut · 03-10-2012 8:36pm

transfer

theres plenty of overoworked under staffed units around the country that will be happy for an extra pair of hands on a weekend shift

move on and dont look back is what i say

Garda Reserve Duties & Powers

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