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Assault by member of security staff - action to take?

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  • 29-08-2010 6:48pm
    #1
    Slideshowbob
    Registered Users Posts: 2,460 ✭✭✭


    Won't be getting too specific on this for obvious reasons but if such happened outside a licenced premises, is it sufficient to go through reporting to gardai procedures or should the victim contact a solitcitor also?

    any recommendations?


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    #2
    detective
    Registered Users Posts: 444 ✭✭detective


    If such an incident happened to happen to someone somewhere. . .

    Gardai prosecute criminal cases (they get suspected offenders convicted and criminal records)

    Solicitors prosecute civil cases (they get injured parties compo).

    If you wish for both to happen then you should contact both Gardai and your solicitor. Its not beyond the bonds of possibility that if you don't contact a solicitor then a district court criminal judge will still award you compo without having to go through a civil case. It happens in almost all assaults but maybe you'd get more compo from a civil court judge (through a solicitor).


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    #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Also be aware that while a security guard may be prosecuted for assault, the person he was trying to remove can also be charged with breach of the peace or assault should the evidence support it.


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    #4
    detective
    Registered Users Posts: 444 ✭✭detective


    k_mac is bang on the money in saying this. If a person brings a case like this to the Gardai then its going to be investigated fully. The person would want to be fair innocent before contemplating going to the Gardai. It doesn't make any sense that a security man would just stroll over and assault a customer? If I had a penny for the amount of complaints that I have received from customers which seriously backfired on them... with the security guard getting off (and rightly so!).


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    #5
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    Slideshowbob wrote: »
    Won't be getting too specific on this for obvious reasons but if such happened outside a licenced premises, is it sufficient to go through reporting to gardai procedures or should the victim contact a solitcitor also?

    any recommendations?
    I was pushed down stairs by a bouncer in a nightclub a while back. Saw a Garda outside and told him what happened and he laughed at me. Was not a happy about it, but the next morning I realised no damage had been done and I let it go... but I still feel occasionally that I should have done more. Some bouncers are out of control.


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    #6
    detective
    Registered Users Posts: 444 ✭✭detective


    OisinT wrote: »
    I was pushed down stairs by a bouncer in a nightclub a while back. Saw a Garda outside and told him what happened and he laughed at me. Was not a happy about it, but the next morning I realised no damage had been done and I let it go... but I still feel occasionally that I should have done more. Some bouncers are out of control.

    Yeah unless its a major assault then the norm would be for the Guard to ask you to come back to the Garda station the next day if you wish to make a complaint. The Guard would then find out who the suspected offender is (not needed in these cases as he's a bouncer and hence most likely known to the Police from work).


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