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Garda Reserve Duties & Powers

  • 24-08-2008 8:30pm
    #1
    Registered Users Posts: 5,818 ✭✭✭


    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?


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Comments

  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    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?

    Anyone can arrest under the criminal law act 1997!

    They have the same authority as any Garda in law but limits are applied by the main man. And yes, equipment uniform etc as all the same. Its not that easy to see a difference between a fulltimer and a reserve


  • Registered Users Posts: 404 ✭✭ScubaDave


    Are they gettin the ASP or are they still getting the wooden job?


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    ScubaDave wrote: »
    Are they gettin the ASP or are they still getting the wooden job?

    Are you joking? they had an ASP before I did!


  • Registered Users Posts: 404 ✭✭ScubaDave


    Jaysus! That must mean that half of there phase 3 training is on the asp as its a 6-8 hr course!


  • Registered Users Posts: 2,443 ✭✭✭FGR


    Are you joking? they had an ASP before I did!

    /shouts 'get back!' whilst swinging ASP at Karlitos ;)

    Got to love the enthusiasm from the instructors..


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  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    /shouts 'get back!' whilst swinging ASP at Karlitos ;)

    Got to love the enthusiasm from the instructors..

    Karlitoway once again wonders why there is no strap when the damn thing flies out of his sweaty hand and nearly kills the redman


  • Registered Users Posts: 1,531 ✭✭✭Fyr.Fytr


    Thats something that has baffeled me too, can get them cheap on eBay though and the fatter end caps should lanyard fail


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    Fyr.Fytr wrote: »
    Thats something that has baffeled me too, can get them cheap on eBay though and the fatter end caps should lanyard fail

    Yeah but not officially allowed and your in trouble if your caught wth one and any injuries on duty while using it wont be covered.


  • Registered Users Posts: 643 ✭✭✭opti76


    reserves in my station dont have asps.. theyve been trained but dont carry em


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    opti76 wrote: »
    reserves in my station dont have asps.. theyve been trained but dont carry em

    The SHO shouldnt be allowing them on outdoor duty then.


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  • Registered Users Posts: 1,531 ✭✭✭Fyr.Fytr


    Yeah but not officially allowed and your in trouble if your caught wth one and any injuries on duty while using it wont be covered.

    Thats a bit silly, can understand if you bought maybe a different brand of baton but not an accessory for your current issue ones.

    Does that mean your not insured wearing non garda issue boots (safety toe ones of course) or using a non issue cuff key??


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    Our Asps have lanyards as standard, though I removed mine, as do most officers. Simply not practical in operational use.


  • Registered Users Posts: 1,531 ✭✭✭Fyr.Fytr


    How do you get over it slipping out of your hand like karl stated metman? Do you guys have the tail caps on them?


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    What you're talking about are called Hindi caps. Some of the county forces use monadnock autolock batons, which carry the hindi cap as standard. The asps we're issued in the Met are the 'federal' model, and have a special grip, not the bog standard grip, that's designed as slip resistant. It works fine, as weapon retention has never been an issue to date. The model of baton comes with the lanyard for weapon retention should it be dropped, dislodged. But all it does is get in the way if you need to draw it in a hurry, hence why I got rid of it, as has everyone I work with.

    We've a choice of baton here, either the 21 inch asp, or the 24 inch straight poly-carbon public order baton. Both weapons have their pros and cons. I've also trained on the PR-24 side handled baton, as well as the autolock. I liked the pr-24, but ultimately the asp is the best all round baton.


  • Registered Users Posts: 1,531 ✭✭✭Fyr.Fytr


    Ah fair enough, tenner says the guards got the cheapest of the cheap and no thought or sense behind it other then penny pinching.

    Yea hindi caps seem to work well (wern't they invented by a cop or am i confused???)

    The caps on the garda ones seem to be the standard ones expect with the AGS logo on them, well the POU at the marlay park gigs had that on the ends of their asp's


  • Registered Users Posts: 49 Dubbhoy


    Though I would set this thread up as I do not see it any where else. I was woundering what powers of arrest does a GR have ? Do they use them ?


  • Registered Users Posts: 690 ✭✭✭CO19


    Hope this helps :) . (might be an idea to stickie this somewhere)

    Duties and Powers of Reserve Gardaí

    Reserve Garda powers are as follows :-

    Road Traffic Act 1961/2006

    •Power to demand production of driving licence in accordance with Section 40 of the Road Traffic Act, 1961/2006;
    •Power to demand production of a certificate of insurance or exemption in accordance with Section 69 of the Road Traffic Act, 1961/2006.
    •Power to regulate traffic movement in accordance with Section 91 of the Road Traffic Act, 1961/2006.
    •Power to require person driving vehicle in a public place to stop in accordance with Section 109 of the Road Traffic Act, 1961/2006.

    Power of arrest without warrant for the following:-
    •Section 40 (4)(a) & (b) Road Traffic Act, 1961/2006
    •Section 69 (5) Road Traffic Act, 1961/2006.
    •Section 109 Road Traffic Act, 1961/2006.
    •Section 4(3) of the Criminal Law Act 1997 (power of arrest for an ‘arrestable offence’)

    The duties of a Reserve Garda are as follows:

    •Station duty, other than the care and custody of prisoners;
    •Assistant to the Station Orderly;
    •Communications room duty, to include monitoring CCTV
    •Foot patrol, accompanied by a member of the permanent Garda Service.
    •Static security duty;
    •Road traffic checkpoint duties, accompanied by a full-time member;
    •Duty at the outer cordon of major events such as festivals and major
    sporting events;
    •Assisting in the event of accidents, fires and major emergencies;
    •Giving evidence in court;
    •Community/Neighbourhood Policing.


    http://www.justice.ie/en/JELR/Pages/WP07000568


  • Registered Users Posts: 49 Dubbhoy


    Can anyone define theses •Section 40 (4)(a) & (b) Road Traffic Act, 1961/2006
    •Section 69 (5) Road Traffic Act, 1961/2006.
    •Section 109 Road Traffic Act, 1961/2006.
    •Section 4(3) of the Criminal Law Act 1997 (power of arrest for an ‘arrestable offence’)


  • Registered Users Posts: 9,230 ✭✭✭sdanseo


    All available on www.irishstatutebook.ie

    My understanding is that arrest without warrant means just that - read the dude his rights as a fulltime member would. Arrestable offence in the last for the four under the criminal law act can be undertaken by any member of the opublic although it's rare and not encouraged.


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    Dubbhoy wrote: »
    Can anyone define theses •Section 40 (4)(a) & (b) Road Traffic Act, 1961/2006
    •Section 69 (5) Road Traffic Act, 1961/2006.
    •Section 109 Road Traffic Act, 1961/2006.
    •Section 4(3) of the Criminal Law Act 1997 (power of arrest for an ‘arrestable offence’)

    Section 40 is Driving licence and failing to give name or allow member to examine

    Section 69 is insurance and again not giving name or refusing to allow member to examine.

    Section 4 CLA is power of arrest for an arrestable offence. An arrestable offence is an office that carrys, on inditment a sentence of 5 years or more.

    Now as for Section 109......I have never heard of a power of arrest for that......


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  • Closed Accounts Posts: 52 ✭✭tcd


    so basically a reservist has the same power as a citizen does to arrest?whats the point in that


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,522 CMod ✭✭✭✭Shield


    That's not what it says. Where are you seeing that?


  • Registered Users Posts: 643 ✭✭✭opti76


    tcd wrote: »
    so basically a reservist has the same power as a citizen does to arrest?whats the point in that
    section 4 cla is the "citizens arrest"

    the rest arent ... but in order to effect a citizens arrest you have to be in a position to know that it was an offence a citizen can arrest for..

    4.—(1) Subject to subsections (4) and (5), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence.
    (2) Subject to subsections (4) and (5), where an arrestable offence has been committed, any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be guilty of the offence.
    (3) Where a member of the Garda Síochána, with reasonable cause, suspects that an arrestable offence has been committed, he or she may arrest without warrant anyone whom the member, with reasonable cause, suspects to be guilty of the offence.
    (4) An arrest other than by a member of the Garda Síochána may only be effected by a person under subsection (1) or (2) where he or she, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.
    (5) A person who is arrested pursuant to this section by a person other than a member of the Garda Síochána shall be transferred into the custody of the Garda Síochána as soon as practicable.
    (6) This section shall not affect the operation of any enactment restricting the institution of proceedings for an offence or prejudice any power of arrest conferred by law apart from this section.


  • Registered Users Posts: 883 ✭✭✭Scouser


    does a reserve have powers of search?

    does the reserve have any powers with regards to drugs - aressts, searches etc?


  • Closed Accounts Posts: 430 ✭✭da__flash


    Scouser wrote: »
    does a reserve have powers of search?

    does the reserve have any powers with regards to drugs - aressts, searches etc?

    if directed by a full time member to search a person yes they can search but i dont think they have powers to do so them selves..

    you have no powers regards to arrests with drugs


  • Closed Accounts Posts: 52 ✭✭tcd


    do they have powers to arrest for the likes of drunken disorderly breach of peace etc??


  • Closed Accounts Posts: 350 ✭✭rubensni


    They're always with a full garda. They don't go around on their own searching people under the Misuse of Drugs Acts, or locking them up under the Public Order Acts, that's work for real guards owing to the physical risks involved.


  • Closed Accounts Posts: 52 ✭✭tcd


    i know that but what im tryin to know is that do they have to power to arrest for public order offences if they see them committed?


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,522 CMod ✭✭✭✭Shield


    Not unless they are accompanied by a full time member AND on duty.


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  • Closed Accounts Posts: 52 ✭✭tcd


    thanks a lot, cleared that up for me. was tryin to look for simple english for their powers.cheers. do you know when they are taking in more recruits?


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